H.D. Franchising Systems, L.L.C. v. Jean Jones--Appeal from 202nd District Court of Bowie County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00017-CV

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H.D. FRANCHISING SYSTEMS, L.L.C., Appellant

V.

JEAN JONES, Appellee

On Appeal from the 202nd Judicial District Court

Bowie County, Texas

Trial Court No. 01-C-1032-202

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

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

H.D. Franchising Systems, L.L.C., appealed from a judgment entered in favor of Jean Jones. The parties have jointly informed this Court they have entered into a settlement agreement that disposes of the case. As we informed counsel twenty days ago, in such a situation, no justiciable controversy exists. The appeal is therefore moot, and this Court is without jurisdiction to enter a judgment in this matter.

We dismiss the appeal pursuant to Tex. R. App. P. 42.1(a)(2) without regard to the merits and remand to the trial court for rendition of judgment in accordance with the agreement of the parties.

We dismiss the appeal.

Donald R. Ross

Justice

Date Submitted: November 8, 2004

Date Decided: November 9, 2004