David Wells and Allegheny Casualty Company, Surety v. State of Texas ( 2004 )

  COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-267-CV

DAVID WELLS AND ALLEGHENY                                           APPELLANTS

CASUALTY COMPANY, SURETY

V.

THE STATE OF TEXAS                                                              APPELLEE

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FROM THE 16^TH DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION¹

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        On September 27, 2004, we notified appellants that this court may not have jurisdiction over this appeal because it appears a final judgment has not been signed by the trial court judge.  We further stated that if no final judgment was signed on or before October 18, 2004, we would dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a), 43.2(f). We have not received a response, and it appears that no final judgment has been signed.

        Accordingly, we dismiss the appeal.  See Tex. R. App. P. 42.3(a), 43.2(f).

                                                          PER CURIAM

PANEL D:   LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

DELIVERED: December 2, 2004

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NOTES

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