Edna Crayton, Individually and as Next Friend of Ashley Lee and as Independent Administrator of the Estate of Linda Mitchell, Donna Mitchell, Mike Mitchell, Mark Mitchell and Joe Mitchell v. William Allen Hatfield

No. 04-01-00005-CV

Edna CRAYTON, Individually and as Next Friend of Ashley Lee and

as Independent Administrator of the Estate of Linda Mitchell, Deceased, et al.,

Appellants

v.

William Allen HATFIELD,

Appellee

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 97-0346-CV

Honorable Dwight E. Peschel, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: May 23, 2001

DISMISSED

On January 3, 2001, the appellants filed a notice of appeal in the above numbered and styled appeal. Subsequently, the appellants filed a motion asking that the appeal be abated. Therein, the appellants stated they confirmed the appeal is interlocutory because claims against the Texas Department of Transportation have not been severed, and that they anticipated obtaining a final appealable order at a severance hearing scheduled for April 9, 2001. The appellants' motion was granted; the appellate time lines were suspended until April 16, 2001; and appellants were ordered to provide this court with a certified copy of the order entered by the trial court at the severance hearing by April 13, 2001. Appellants did not comply with this court's order. Accordingly, on May 1, 2001, appellants were again ordered to provide this court with a certified copy of the order entered by the trial court at the severance hearing by May 15, 2001 or this appeal would be dismissed for lack of jurisdiction. Appellants have not complied with this court's order.

Therefore, this appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH