Larbi Ettahali and Mohammed Zarwal v. Bonnie S. Fulbright--Appeal from County Civil Court at Law No 2 of Harris County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-02-00149-CV
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LARBI ETTAHALI AND MOHAMMED ZARWAL, Appellants
V.
BONNIE S. FULBRIGHT, Appellee
On Appeal from the County Court at Law No. 2
Harris County, Texas
Trial Court No. 754,873
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION

Larbi Ettahali and Mohammed Zarwal have appealed from a verdict taken against them in a jury trial. A cross-appeal was also filed by Fulbright. The judgment was signed July 12, 2002, and the record was thus due on or before September 10, 2002. The clerk's record was timely filed. Neither the appellant nor the cross-appellant requested or paid for the preparation of a reporter's record.

On December 20, 2002, we directed all parties to provide this Court with information showing they were making an effort to pursue an appeal by either obtaining a reporter's record or by filing an appellant's brief based on the clerk's record alone. At that time, we warned all parties that if, on or before January 10, 2003, they did not provide this Court with information showing they desired to pursue the appeal, the appeal would be subject to dismissal for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1).

Neither party has contacted this Court. We find that their failure to pursue the appeal constitutes a failure to prosecute the appeal. See Tex. R. App. P. 42.3(b), (c).

We dismiss the appeal for want of prosecution.

 

Donald R. Ross

Justice

 

Date Submitted: January 21, 2003

Date Decided: January 22, 2003