Charles William Richardson and J. Ronald Burke 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. 06-08-00115-CV ______________________________ CHARLES WILLIAM RICHARDSON AND J. RONALD BURKE, Appellants 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 Appellants, Charles William Richardson and J. Ronald Burke, and appellees, Southwest Construction Receivables, Limited, and Construction Invoice Funding, Ltd., Dennis O'Banion, and Dan W. Moore, have filed with this Court a joint motion to dismiss the pending appeal in this matter and remand the cause to the trial court. The parties represent to this Court they 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. We set aside without regard to the merits the judgment of the trial court and remand the case to the 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: January 14, 2009 January 15, 2009 2

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