Regions Bank, f/k/a First Commercial Bank, N.A. v. Southwest Construction Receivables, Limited and Construction Invoice Funding Ltd., et al--Appeal from 202nd District Court of Bowie County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00131-CV ______________________________ REGIONS BANK, F/K/A FIRST COMMERCIAL BANK, N.A., Appellant V. SOUTHWEST CONSTRUCTION RECEIVABLES, LIMITED AND CONSTRUCTION INVOICE FUNDING LTD., ET AL., Appellees On Appeal from the 202nd Judicial District Court Bowie County, Texas Trial Court No. 99C0985-202 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION Appellant, Regions Bank, f/k/a First Commercial Bank, N.A., and appellees, Southwest Construction Receivables, Limited, Construction Invoice Funding, Ltd., Dennis O'Banion, and Dan W. Moore, have filed a joint motion for severance and remand, informing this Court that they have reached a settlement. In such a case, no real controversy exists, and in the absence of a controversy, the appeal is moot. We grant the motion. We set aside without regard to the merits the judgment of the trial court and remand the case to the trial court for rendition of judgment in accordance with the agreement. See TEX . R. APP . P. 42.1(a)(2)(B). Jack Carter Justice Date Submitted: Date Decided: November 13, 2008 November 14, 2008 2

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