Opinion issued May 1, 2008

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00637-CV

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WARREN R. SENIOR, JR., Appellant

V.

ORTHA T. CARPENTER AND ALLEN M. TANNER, Appellees

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 870786

MEMORANDUM OPINION

          We dismiss this appeal for want of prosecution. On September 6, 2007, appellant, Warren R. Senior, Jr., was ordered to serve appellee with “all motions, notices, affidavits, and other papers filed either in the trial court or in this court in connection with this appeal,” after a review of these documents indicated that they contained no certificate of service and appellees affirmatively stated that they were never served with them in response to a request from the court. Appellant was further ordered to certify to this court that he had accomplished service, in compliance with Texas Rule of Appellate Procedure Rule 9.5, within 15 days of the issuance of the September 6th order or that the court might dismiss his appeal for want of prosecution. Fifteen days from the date of the issuance of the order was September 21, 2007.

          Contrary to the order, appellant has not certified to this court that he has served the documents filed with the court on appellee in compliance with Texas Rule of Appellate Procedure Rule 9.5, nor taken any further action indicating that he intends to prosecute this appeal.

          We therefore dismiss appellant’s appeal for want of prosecution. See Tex. R. App. P. 42.3(b) (authorizing dismissal of an appeal for want of prosecution or appellant’s failure to comply with a court order).

          We overrule all pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Jennings and Bland.