Opinion issued August 6, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00069-CV

____________

C. JOEL VAN OVER AS NEXT FRIEND OF DONALD EVANS, Appellant

V.

GLOBAL DELIVERY SERVICE, LLC AND DENNIS GILL, Appellees

On Appeal from the 10th District Court

Galveston County, Texas

Trial Court Cause No. 07CV0379

MEMORANDUM OPINION

          We dismiss this appeal for want of prosecution. At the parties request, we abated the appeal to permit proceedings in the trial court to effectuate a purported settlement agreement, with the requirement that within 60 days they would give this Court a status report. The parties have not filed such a status report. The Clerk of this Court notified the parties that by a date certain, if they did not respond and show good cause why the appeal should not be dismissed for want of prosecution, the matter would be referred to the Court for dismissal. The date certain has passed and the parties have not responded.

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

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Higley.