Opinion
No. 14-04-01153-CV
Memorandum Opinion Filed March 17, 2005.
On Appeal from the 280th District Court, Harris County, Texas, Trial Court Cause No. 03-55425.
Dismissed.
Panel consists of Chief Justice HEDGES and Justices FOWLER and FROST.
MEMORANDUM OPINION
Notice of appeal was prematurely filed after an interlocutory partial summary judgment was signed on November 4, 2004. See TEX. R. APP. P. 27.1. An order of severance was to be entered on December 17, 2004. No order of severance has been filed with this court. The clerk's record was filed December 21, 2004. Appellants' brief was therefore due on January 20, 2005. See TEX. R. APP. P. 38.6. No brief or motion for extension of time has been filed.
On February 10, 2005, this court issued an order stating that unless (1) appellants filed a supplemental clerk's record containing an order of severance or other order making the November 4, 2004 interlocutory order final and appealable, and (2) appellants filed their brief, together with a motion reasonably explaining why the brief was late, on or before March 4, 2005, the court would dismiss the appeal. See TEX. R. APP. P. 42.3(a), (b). Appellants filed no brief, motion, supplemental clerk's record, or other response.
Accordingly, the appeal is ordered dismissed.