Brian and Julie Gober v. Joe Torres D/B/A Joe's Mobile Home Puller--Appeal from 151st District Court of Harris County

Dismissed and Memorandum Opinion filed December 8, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-04-01021-CV

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BRIAN and JULIE GOBER, Appellants

V.

JOE TORRES d/b/a JOE=S MOBILE HOME PULLER, Appellee

On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 00-29786

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

According to the notice of appeal, this is an appeal from an order signed September 22, 2004. The clerk=s record was filed December 1, 2004. The record on file contains an order granting appellee=s second amended motion for summary judgment signed September 22, 2004. The order recites, however, appellants= causes of action against Joe=s Mobile Home Puller were severed into a separate cause number. Accordingly, it appears to this court that the order being appealed, and all documents relating to the appeal have been assigned to a new cause number. Therefore, we may lack jurisdiction over the appeal based on the record as currently filed.

Appellants= motions to supplement the clerk=s record and for extension of time to file their brief were granted. The supplemental clerk=s record was due February 7, 2005, and appellants= brief was due March 9, 2005. No supplemental record, brief or further motion for extension of time has been filed.

Therefore, on October 27, 2005, this Court ordered appellants to file a supplemental clerk=s record affirmatively demonstrating this court=s jurisdiction over the appeal, their brief, and a motion reasonably explaining why the brief was late, with the Clerk of this Court on or before November 14, 2005. The court=s order warned that failure to comply would result in dismissal of the appeal. Tex. R. App. P. 42.3. To date, appellants have not filed a response to this court=s order.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed December 8, 2005.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.