Charles William Richardson and J. Ronald Burke v. Southwest Construction Receivables, Limited and Construction Invoice Funding Ltd.

• Court: Court of Appeals of Texas
• Decided: January 15, 2009
• Docket: 06-08-00115-CV
• Status: Published

Opinion

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: January 14, 2009

Date Decided: January 15, 2009

h his attorney, has signed the motion. Pursuant to Tex. R. App. P. 42.2 (voluntary dismissal in criminal cases), we grant the motion.

            We dismiss the appeal.

Date Submitted:          July 26, 2004

Date Decided:             July 27, 2004

Do Not Publish