Order filed January 12, 2006
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
O R D E R
Our former opinion and judgment dated October 21, 2005, are withdrawn, and our opinion and judgment dated January 12, 2006, are substituted therefor.
PER CURIAM
January 12, 2006
Not designated for publication. See Tex. R. App. P. 47.2(a).
Panel consists of: Wright, C.J., and
McCall, J., and Strange, J.
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Opinion filed January 12, 2006
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 ON
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 the clerk=s record. Therefore, the appeal is dismissed.
PER CURIAM
January 12, 2006
Not designated for publication. See Tex. R. App. P. 47.2(a).
Panel consists of: Wright, C.J., and
McCall, J., and Strange, J.