Dismissed and Opinion filed January 23, 2003.
In The
Fourteenth Court of Appeals
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NO. 14-02-01137-CV
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GEORGE DOYKAN AND CLAIRE DOYKAN, Appellants
V.
UNITED POOLS, INC., Appellee
On Appeal from the County Civil Court at Law No. 3
Harris County, Texas
Trial Court Cause No. 744,440
M E M O R A N D U M O P I N I O N
This is an appeal from a judgment signed July 17, 2002. Appellants filed a timely motion for new trial. The notice of appeal was due October 15, 2002. See Tex. R. App. P. 26.1. Appellants, however, filed their notice of appeal on October 16, 2002, a date within 15 days of the due date for the notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellants did not file a motion to extend time to file the notice of appeal. On December 31, 2002, we ordered appellants to file a proper motion to extend time to file the notice of appeal on or before January 10, 2003. See Tex. R. App. P. 26.3;10.5(b). Appellants did not file a motion. We, therefore, dismiss the appeal. See Tex. R. App. P. 42.3.
PER CURIAM
Opinion filed January 23, 2003.
Panel consists of Justices Yates, Anderson, and Frost.