Charles Gilliland v. Iwona Papke ( 2005 )

Opinion issued July 28, 2005

In The

Court of Appeals

For The  

First District of Texas

____________

NO. 01-03-00750-CV

____________

IWONA PAPKE, Appellant

V.

CHARLES GILLILAND, Appellee

---

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 781,243

---

MEMORANDUM OPINION

          We received a letter from appellant’s counsel stating that the parties had settled. Because no motion to dismiss was filed, on June 27, 2005, the Clerk of the Court notified appellant that unless, within 10 days of the date of the notice, appellant responded to the notice, the appeal would be dismissed. See Hallmark Personnel of Texas, Inc. v. Franks, 562 S.W.2d 933, 935 (Tex. App. –Houston [1st Dist.] 1978, no writ) (existence of actual controversy is essential to exercise of appellate jurisdiction).

Appellant has not responded to the notice.

          Accordingly, the appeal is dismissed.  

PER CURIAM

Panel consists of Justices Taft, Keyes, and Bland.