*50OPINION ON MOTION FOR REHEARING
We overrule appellant’s motion for rehearing, with the following clarification.
Appellee Reynolds, Cunningham, Peterson & Cordell (Reynolds) filed a “Motion for Partial Summary Judgment” in this case, which was granted. The motion specifically stated that Reynolds’ claim for attorneys’ fees, contained in its counterclaim against appellant, was not covered by the motion for partial summary judgment. After partial summary judgment was granted, Reynolds dismissed its counterclaim, causing the summary judgment to become final and appealable.
Appellant’s first amended original petition addressed Reynolds’ attorneys’ fees claim by seeking a declaration that appellant “owes no sums of money to [Reynolds] for attorneys’ fees.” There was no attempted resolution of the attorneys’ fees issue through the summary judgment proceeding; rather, it was resolved through Reynolds’ dismissal of its counterclaim against appellant.