Timco Travel, Inc. v. American General Corporation--Appeal from 152nd District Court of Harris County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-05-00016-CV

______________________________

TIMCO TRAVEL, INC., Appellant

V.

AMERICAN GENERAL CORPORATION, Appellee

On Appeal from the 152nd Judicial District Court

Harris County, Texas

Trial Court No. 2004-21571

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

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Third-party defendant below, Edward J. Maull, Jr., has filed a motion to dismiss the pending interlocutory appeal in this matter. The motion contains a certificate of conference whereby Maull represents that appellee, American General Corporation, does not oppose this motion to dismiss. In such a case, no real controversy exists, and in the absence of a controversy, the appeal is moot.

We grant Maull's motion and hereby dismiss this appeal.

Donald R. Ross

Justice

Date Submitted: February 28, 2005

Date Decided: March 1, 2005