A motion for extension of time to file notice of appeal filed by Walter H. Ballard, Jr. argues that the summary judgment signed by the trial court is interlocutory because it fails to dispose of his pending counterclaim. On April 6, 2006, we gave the parties until April 21, 2006, to file a response or to request a temporary abatement of the appeal. No response has been filed.

The clerk's record contains a petition in which Carrie Davis Allen asserts a quiet title claim against Ballard and a counter-petition for quiet title in which Ballard also asserts claims against Allen for damages for wrongful ejectment and conversion. The summary judgment does not expressly dispose of Ballard's claims against Allen, and lacks clear and unequivocal language of finality.

We hold the summary judgment entered by the trial court is an interlocutory judgment from which no appeal may be had absent disposition of the remaining issues or an order of severance. Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

____________________________

HOLLIS HORTON

Justice

Opinion Delivered May 4, 2006

Before McKeithen, C.J., Gaultney and Horton, JJ.