Texas Kenworth Co., d/b/a MHC Kenworth v. Lodi Drilling & Service Co.--Appeal from 115th District Court of Marion County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00100-CV ______________________________ TEXAS KENWORTH CO., D/B/A MHC KENWORTH, Appellant V. LODI DRILLING & SERVICE CO., Appellee On Appeal from the 115th Judicial District Court Marion County, Texas Trial Court No. 0900041 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION Appellant, Texas Kenworth Co., d/b/a MHC Kenworth, has filed with this Court a motion to dismiss the pending appeal in this matter. Appellant represents 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: Date Decided: December 1, 2009 December 2, 2009 2

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