APPELLANTS v. WB APPELLEE (2011)

Court of Appeals of Texas, Waco.

Kenneth P. Gross and Betsy L. Gross APPELLANTS v. WB Texas Resort Communities, L.P. APPELLEE

NO. 02-10-00309-CV

Decided: January 28, 2011

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

Twice we have abated this case on Appellants' motions pending entry of a final judgment or order from which they may appeal. In our most recent abatement order, we stated that if a supplemental clerk's record containing a final judgment was not filed by December 14, 2010, then we could dismiss this case for want of jurisdiction.

On December 14, 2010, Appellants notified us that they were unable to secure a final order or judgment from the trial court by that date and that therefore they had no choice but to allow the appeal to be dismissed without prejudice. Accordingly, this appeal is dismissed for want of jurisdiction. See Tex.R.App. P. 42.3(a), 43.2(f).

PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DELIVERED: January 27, 2011

FOOTNOTES

FN1. See Tex.R.App. P. 47.4.. FN1. See Tex.R.App. P. 47.4.

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