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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.