Chigozie and Helen Anyiam v. Ray and Shelley Wadhawan

• Court: Court of Appeals of Texas
• Decided: December 30, 2008
• Docket: 14-08-00225-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 30, 2008

Dismissed and Memorandum Opinion filed December 30, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00225-CV

CHIGOZIE ANYIAM AND HELEN ANYIAM, Appellants

V.

RAY WADHAWAN AND SHELLEY WASHAWAN, Appellees

On Appeal from County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 861893

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 February 28, 2008.  The clerk=s record was filed on May 2, 2008.  On September 4, 2008, the court reporter informed this Court that appellants had neither requested nor made arrangements for payment for the reporter=s record.  On September 11, 2008, the clerk of this court notified appellants 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.

On October 9, 2008, this Court issued an order stating that unless appellants submitted their brief on or before November 10, 2008, the Court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  Appellants filed no response.  The reporter=s record was filed November 7, 2008.  No brief was filed.

On November 17, 2008, appellees moved to dismiss the appeal.  On November 18, 2008, this Court requested appellants respond to the motion.  Appellants filed no reply.

Accordingly, the motion to dismiss is granted and the appeal is ordered dismissed.  Appellees= request for attorney fees is denied.

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce.