David Zarzour and Criselda Zarzour v. Associates Housing Finance, L.L.C. ( 2004 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-03-386 CV ____________________

DAVID ZARZOUR AND CRISELDA ZARZOUR, Appellants V.

ASSOCIATES HOUSING FINANCE, L.L.C., Appellee

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On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 02-01-00009-CV

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MEMORANDUM OPINION ⁽¹⁾  

Associates Housing Finance, L.L.C. ("Associates") sued David Zarzour, d/b/a Great American Homes, and Criselda Zarzour. The Zarzours filed a counterclaim. The trial court ordered arbitration. The arbitrator ruled in favor of Associates and the trial court entered a judgment awarding Associates $96,104.67 plus $20,000 attorney fees and $3,750 arbitration fees. The trial court also ordered a turnover of collateral.   

The appeal was submitted on the clerk's record alone because the appellants were not entitled to a free reporter's record and failed to make payment arrangements for the reporter's record. See Tex. R. App. P. 20.1(a)(1); 37.3(a)(1),(c). On September 8, 2004, we notified the parties that the appeal would be advanced without oral argument. See Tex. R. App. P. 39.9. The appeal was submitted without briefs because the appellants failed to file their brief by the June 1, 2004, due date. See Tex. R. App. P. 38.8(a)(2). The appellants did not request additional time to file the brief. See Tex. R. App. P. 38.6(d). We have reviewed the record for fundamental error, and find none. The judgment of the trial court is affirmed.

AFFIRMED.

PER CURIAM

Submitted September 29, 2004

Opinion Delivered October 7, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.