Dismissed and Memorandum Opinion filed May 21, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00868-CV

____________

CHRISTOPHER COLUMBUS STREET MARKET LLC, ALFIO FISCHERA, and ED EUBANKS, Appellants

V.

THE CITY OF GALVESTON, TEXAS; and THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF GALVESTON, TEXAS, Appellees

On Appeal from the 56th District Court

Galveston County, Texas

Trial Court Cause No. 07CV0078

M E M O R A N D U M   O P I N I O N

This appeal is from a judgment signed May 21, 2008.  No clerk=s record has been filed.  On April 23, 2009, this court issued an order, unconsolidating this appeal from the appeal in cause number 14-07-00980-CV and ordering appellants to provide proof of payment for the clerk=s record in this appeal on or before May 8, 2009.

Appellants have not provided this court with proof of payment for the record.  Accordingly, this appeal is ordered dismissed.  The appeal in appellate case number 14-07-00980-CV remains pending before the court.

PER CURIAM

Panel consists of Justices Anderson, Guzman, and Boyce.