Opinion issued April 10, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00275-CV

____________

JIMMY VAUGHAN D/B/A BOTANICAL LANDSCAPE DESIGN, Appellant

V.

SIREN STEEL, INC., Appellee

On Appeal from the 113 th District Court

Harris County, Texas

Trial Court Cause No. 2006-43991

MEMORANDUM OPINION

We received communication from the mediator on October 23, 2007, stating that the parties had settled. Because no motion to dismiss was filed, on February 19, 2008, the Court issued a notice warning that unless, within 15 days of the date of the notice, the parties to the appeal demonstrate that there was a live controversy between them as to the merits of this appeal, 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 filed no response.

Accordingly, we dismiss the appeal for want of prosecution. Tex. R. App. P. 42.3(b),(c).

PER CURIAM

Panel consists of Justices Taft, Keyes, and Alcala.