Dismissed and Memorandum Opinion filed March 17, 2005.
In The
Fourteenth Court of Appeals
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NO. 14-04-01153-CV
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DAVID FOSTER and CHRISTEENE FOSTER, Individually and as Next Friend of CHRISTOFER FOSTER, a Minor, Appellants
V.
TRACY N. LAWRENCE, JELLIFF FAMILY TRUST, and
TNL & ELL, LTD., Appellees
On Appeal from the 280th District Court
Harris County, Texas
Trial Court Cause No. 03-55425
M E M O R A N D U M O P I N I O N
Notice of appeal was prematurely filed after an interlocutory partial summary judgment was signed on November 4, 2004. See Tex. R. App. P. 27.1. An order of severance was to be entered on December 17, 2004. No order of severance has been filed with this court. The clerk=s record was filed December 21, 2004. Appellants= brief was therefore due on January 20, 2005. See Tex. R. App. P. 38.6. No brief or motion for extension of time has been filed.
On February 10, 2005, this court issued an order stating that unless (1) appellants filed a supplemental clerk=s record containing an order of severance or other order making the November 4, 2004 interlocutory order final and appealable, and (2) appellants filed their brief, together with a motion reasonably explaining why the brief was late, on or before March 4, 2005, the court would dismiss the appeal. See Tex. R. App. P. 42.3(a), (b). Appellants filed no brief, motion, supplemental clerk=s record, or other response.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed March 17, 2005.
Panel consists of Chief Justice Hedges and Justices Fowler and Frost.