Eugenio Garcia and Isabel Garcia v. Maria Guzman and Remax Pearland - Silverlake--Appeal from 239th District Court of Brazoria County

Dismissed and Memorandum Opinion filed March 17, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-04-01121-CV

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EUGENIO GARCIA and ISABEL GARCIA, Appellants

V.

MARIA GUZMAN and REMAX PEARLAND SILVERLAKE, Appellees

On Appeal from the 239th District Court

Brazoria County, Texas

Trial Court Cause No. 30704

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

This is an attempted appeal from an interlocutory summary judgment made final by an order of severance, signed September 28, 2004. No motion for new trial was filed. Appellant=s notice of appeal, filed on October 29, 2004, was untimely and defective in that it was filed in the wrong trial court cause number. On January 20, 2005, this court issued an order directing appellant to file a motion for extension of time to file the notice of appeal and to file an amended notice of appeal, both within ten days of the date of this court=s order. The court noted in this order that, if appellant failed to file the motion for extension and the amended notice of appeal were not filed within ten days of our order (or by January 31, 2005), this court would dismiss the appeal. Appellant has not complied with this court=s order of January 20, 2005.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 17, 2005.

Panel consists of Justices Yates, Anderson, and Hudson.