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.