On April 6, 2006, we notified the parties that the notice of appeal did not identify a final judgment or other appealable order. Appellees, Bruce Holbrook, Virgil Holbrook, Juanita Holbrook Rizzo, Individually and as Trustee of the 1992 Rizzo Family Trust, Evelyn Waldrop, and June Holbrook, filed a motion to dismiss the appeal for lack of jurisdiction. The appellant, Bernice Davis Leavitt, Independent Executrix of the Estate of Marie Anderson Gassaway, Deceased, and Trustee of the Bert Earl Gassaway Testamentary Trust, filed a response, but did not identify any statutory basis for an interlocutory appeal.

"A judgment is final for purposes of appeal if it disposes of all pending parties and claims in the record, except as necessary to carry out the decree." Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A summary judgment is final "if and only if either it actually disposes of all claims and parties then before the court, regardless of its language, or it states with unmistakable clarity that it is a final judgment as to all claims and all parties." Id. at 192-93. In this case, the notice of appeal seeks to appeal the trial court's order of February 1, 2006, denying Leavitt's motion for partial summary judgment. Another order signed the same day grants the appellees' motion for partial summary judgment but expressly reserves the issue of attorney's fees for future consideration. Neither order contains language indicating the trial court's intention to enter a final judgment. The trial court did not sign an order of severance so as to make the otherwise interlocutory order final for purposes of appeal.

The appellees' motion to dismiss the appeal for want of jurisdiction is granted. The appeal is dismissed.

APPEAL DISMISSED.

____________________________

DAVID GAULTNEY

Justice

Opinion Delivered May 11, 2006

Before Gaultney, Kreger and Horton, JJ.