Abbas Yazdchi and Habibollah Yazdchi v. Bank of America

Opinion filed October 21, 2005

The Court on this day,January 12, 2006, has withdrawn this opinion and judgment dated October 21, 2005, and submitted the opinion and judgment dated January 12, 2006.

 

Opinion filed October 21, 2005

 

 

 

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                   __________

 

                                                          No. 11-05-00060-CV

 

                                                    __________

 

            ABBAS YAZDCHI AND HABIBOLLAH YAZDCHI, Appellants

 

                                                             V.

 

                                     BANK OF AMERICA, Appellee

 

 

                                          On Appeal from the 61st District Court

 

                                                          Harris County, Texas

 

                                               Trial Court Cause No. 2004-29836

 

 

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

 

On September 8, 2005, this court determined that Abbas Yazdchi and Habibollah Yazdchi had not complied with the requirements of TEX.R.APP.P. 20.1 and, therefore, were required to pay the $125 filing fee.  This court ordered appellants not only to pay the required filing fee but also to file the clerk=s record in this court on or before October 11, 2005.  Appellants were informed that failure to comply with the September 8 order could result in the dismissal of the appeal.  TEX.R.APP.P. 37.3(b) & 42.3.


Appellants have failed to file either the filing fee or the clerk=s record.  Therefore, the appeal is dismissed.

PER CURIAM

 

October 21, 2005

Not designated for publication.  See TEX.R.APP.P. 47.2(a).

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.