Body Dynamics, Inc. d/b/a BDI Marketing, Inc. v. Nittany Pharmaceuticals, Inc.--Appeal from 5th District Court of Cass County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00050-CV

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BODY DYNAMICS, INC., D/B/A

BDI MARKETING, INC., Appellant

V.

NITTANY PHARMACEUTICALS, INC., Appellee

On Appeal from the 5th Judicial District Court

Cass County, Texas

Trial Court No. 04-C-159-A

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

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Body Dynamics, Inc., d/b/a BDI Marketing, Inc., the sole appellant in this case, has filed a motion seeking to dismiss its appeal, representing 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: September 18, 2006

Date Decided: September 19, 2006