Johnny Partain and Teresa Partain v. Keith Livesay and Livesay Law Offices

• Court: Court of Appeals of Texas
• Decided: July 7, 2005
• Docket: 13-04-00451-CV
• Status: Published

Opinion

                              NUMBER 13-04-451-CV

                         COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI B EDINBURG

JOHNNY PARTAIN AND

TERESA PARTAIN,                                                                         Appellants,

                                                             v.

KEITH LIVESAY AND

LIVESAY LAW OFFICES,                                                                Appellees.

  On appeal from the County Court at Law No. 2

                                        of Hidalgo County, Texas.

                       MEMORANDUM OPINION

                  Before Justices Yañez, Castillo, and Garza

                            Memorandum Opinion by Justice Garza

This is a restricted appeal from a judgment dismissing appellants= claims against appellees.  Review by restricted appeal is available if (1) the appeal is filed within six months after the final judgment is signed, (2) by a party to the lawsuit, (3) who did not participate in the actual trial, and (4) error is apparent from the face of the record.  Quaestor Invs., Inc. v. Chiapas, 997 S.W.2d 226, 227 (Tex. 1999); see also Tex. R. App. P. 26.1(c), 30.  Appellants contend that the foregoing requirements have been established, but appellees maintain that appellants participated in the hearing that resulted in the judgment of which they now complain.  No reporter=s record was filed by appellants, and this Court is therefore unable to determine which party is correct.  We dismiss the appeal because appellants have failed to establish their entitlement to review by restricted appeal.  Appellees= motion for sanctions is denied.

DORI CONTRERAS GARZA

Justice

Memorandum Opinion delivered

and filed this the 7th day of July, 2005.