Texas Kenworth Co., D/B/A MHC Kenworth v. Lodi Drilling & Service Co.

















In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana



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No. 06-09-00100-CV

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TEXAS KENWORTH CO., D/B/A MHC KENWORTH, Appellant



V.



LODI DRILLING & SERVICE CO., Appellee






On Appeal from the 115th Judicial District Court

Marion County, Texas

Trial Court No. 0900041










Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Carter



MEMORANDUM OPINION



Appellant, Texas Kenworth Co., d/b/a MHC Kenworth, has filed with this Court a motion to dismiss the pending appeal in this matter. Appellant represents to this Court that the parties have reached a full and final settlement. In such a case, no real controversy exists, and in the absence of a controversy, the appeal is moot.

We grant the motion and dismiss this appeal.





Jack Carter

Justice



Date Submitted: December 1, 2009

Date Decided: December 2, 2009