Robert McElroy and Dee Ann Henry v. Fred Henry, Individually and as Independent Executor of the Estate of David Henry, Deceased--Appeal from 276th District Court of Camp County
Annotate this CaseIn The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-05-00118-CV
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ROBERT MCELROY AND DEE ANN HENRY, Appellants
V.
FRED HENRY, INDIVIDUALLY AND
AS INDEPENDENT EXECUTOR OF THE
ESTATE OF DAVID HENRY, DECEASED, Appellee
On Appeal from the 276th Judicial District Court
Camp County, Texas
Trial Court No. CV-02-3630
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Appellants, Robert McElroy and Dee Ann Henry, and appellee, Fred Henry, have presented this Court with a joint motion to dismiss the pending appeal in this matter. In such a case, no real controversy exists, and in the absence of a controversy, the appeal is moot.
We remand this cause to the trial court for entry of orders to effectuate the settlement agreement among the parties.
We dismiss the appeal.
Jack Carter
Justice
Date Submitted: December 13, 2005
Date Decided: December 14, 2005
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