Order filed August 31, 2011

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-11-00109-CV

                                                    __________

ARBOR CONSULTING, INC. D/B/A REAL GREEN PEST AND LAWN, Appellant

                                                             V.

     BETTER BUSINESS BUREAU INC. OF AUSTIN, TEXAS, Appellee

                                   On Appeal from the 126th District Court

                                                            Travis County, Texas

                                           Trial Court Cause No. D-1-GN-10-002852

                                                                     O R D E R

            Arbor Consulting, Inc. d/b/a Real Green Pest and Lawn, plaintiff below, filed a notice of appeal from the trial court’s “Order Granting Defendant’s Motion for Summary Judgment” in favor of the Better Business Bureau Inc. of Austin, Texas.  Based on a review of the record, it has become apparent to this court that the order is not a final, appealable judgment.  Consequently, we abate the appeal pursuant to Tex. R. App. P. 27.2 to permit the trial court to render a final judgment.

            Except for “a few mostly statutory exceptions,” this court’s jurisdiction is limited to appeals from final judgments.  Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).  We determine whether a judgment is a final, appealable judgment based on the language in the judgment and the record of the case.  Id.  A judgment is final and appealable if it disposes of all parties and claims in the case.  Id.

            The Better Business Bureau filed a counterclaim against Arbor Consulting in the trial court.  In the counterclaim, the Better Business Bureau asserted a cause of action for breach of contract, requested damages for breach of contract, and sought attorney’s fees.  In its amended motion for summary judgment, the Better Business Bureau moved for summary judgment on Arbor Consulting’s claims.  The Better Business Bureau also moved for summary judgment on its breach-of-contract claim.  In the order from which Arbor Consulting appeals, the trial court ordered that “the Amended Motion for Summary Judgment is GRANTED as to Defendant,” that “Plaintiff’s claims against the Defendant be dismissed in their entirety with prejudice,” and that “Plaintiff shall take nothing of and from Defendant.”  The trial court stated in the order that “THIS ORDER CONSTITUTES A FULL AND FINAL DISMISSAL WITH PREJUDICE OF ALL CLAIMS IN THIS CASE.”

            Although the trial court’s order may purport to be final, it did not dispose of the Better Business Bureau’s breach-of-contract claim.  The trial court did not render judgment in favor of the Better Business Bureau on its breach-of-contract claim nor did the trial court award attorney’s fees to the Better Business Bureau.  Because Arbor Consulting had not moved for summary judgment on the Better Business Bureau’s breach-of-contract claim, the trial court could not grant summary judgment in favor of Arbor Consulting on the Better Business Bureau’s breach-of-contract claim.  Nothing in the record shows that this breach-of-contract claim has been disposed of or severed.

            We hold that the trial court’s order is not a final judgment; it does not dispose of all parties and all claims.  Because the trial court has not disposed of all the claims before it, we do not have jurisdiction to entertain an appeal at this time.  We abate the appeal pursuant to Rule 27.2 so that the trial court may render a final judgment.  The trial court is instructed to do so on or before October 31, 2011, and the court reporter and district clerk are ordered to file any supplemental records relating to the entry of a final judgment within seven days after entry of judgment by the trial court. 

            The appeal is abated.             

August 31, 2011                                                                     PER CURIAM

Panel consists of:  Wright, C.J.,

McCall, J., and Kalenak, J.