Gwendolyn Manning and Robert Manning v. Mortgage Max, Inc. and Paul Bellafuille, Individually and d/b/a Old West Services--Appeal from 234th District Court of Harris County

Dismissed and Memorandum Opinion filed July 24, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00214-CV

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GWENDOLYN MANNING and ROBERT MANNING, Appellants

V.

MORTGAGE MAX, INC. and PAUL BELLAFUILLE, Individually and d/b/a OLD WEST SERVICES, Appellees

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 01-36683

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed January 10, 2003. The clerk=s record was filed on February 28, 2003. No reporter=s record has been filed. Norma Alicia Duarte, the court reporter for the 234th District Court, informed this Court that appellants had not made arrangements for payment for the reporter=s record. On March 4, 2003, the clerk of this court notified appellant that we would consider and decide those issues that do not require a reporter=s record unless appellants, within 15 days of notice, provided this court with proof of payment for the record. See Tex. R. App. P. 37.3(c). Appellants filed no reply.

Accordingly, on March 27, 2003, we ordered appellants to file a brief in this appeal on or before April 16, 2003. In the order, the Court warned that if appellant failed to comply with this order, the Court would dismiss the appeal for want of prosecution. On April 15, 2003, appellants filed a motion for extension of time to file their brief, and an amended motion on May 1, 2003, which the Court granted until June 16, 2003. When the extension was granted, the Court noted that no further extensions would be granted absent exceptional circumstances. No brief or motion for further extension has been filed.

Therefore, on June 26, 2003, this Court ordered that unless appellants submitted their brief, and a motion reasonably explaining why the brief was late, to the Clerk of this Court on or before July 10, 2003, the Court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). Appellants filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 24, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.