Nellie G. Butera as Trustee of the Nellie G. Butera Trust, the Nellie G. Butera Trust, Jack Butera and Natalie Saragusa v. Ironwood Homes, Inc., and Ironwood Homes Partners, LP.

Opinion

Opinion issued March 6, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-04-00480-CV

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NELLIE G. BUTERA AS TRUSTEE OF THE NELLIE G. BUTERA TRUST, THE NELLIE G. BUTERA TRUST, JACK BUTERA, AND NATALIE SARAGUSA, Appellants

V.

IRONWOOD HOMES, INC. AND IRONWOOD HOMES PARTNERS, L.P., Appellees

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On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 2001-61380

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MEMORANDUM OPINION

          Counsel for appellee, some time ago, informed the Court that the controversy in this case had been settled. The Clerk of the Court, by letter dated February 8, 2006, informed the parties that the case could be dismissed for want of prosecution if a response was not filed within 10 days from the date of the notice letter. Ten days have elapsed from the date of the notice letter and no response has been filed.

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

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Hanks.