Robert McElroy and Dee Ann Henry v. Fred Henry, Individually and as Independent of the Estate of David Henry

Court of Appeals of Texas

Robert McElroy and Dee Ann Henry v. Fred Henry, Individually and as Independent of the Estate of David Henry

DecidedDecember 14, 2005

Docket06-05-00118-CV

StatusPublished

This text of Robert McElroy and Dee Ann Henry v. Fred Henry, Individually and as Independent of the Estate of David Henry (Robert McElroy and Dee Ann Henry v. Fred Henry, Individually and as Independent of the Estate of David Henry) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Robert McElroy and Dee Ann Henry v. Fred Henry, Individually and as Independent of the Estate of David Henry, (Tex. Ct. App. 2005).

Pincite

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-05-00118-CV

ROBERT MCELROY AND DEE ANN HENRY, Appellants

V.

FRED HENRY, INDIVIDUALLY AND

AS INDEPENDENT EXECUTOR OF THE

ESTATE OF DAVID HENRY, DECEASED, Appellee

On Appeal from the 276th Judicial District Court

Camp County, Texas

Trial Court No. CV-02-3630

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

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Appellants, Robert McElroy and Dee Ann Henry, and appellee, Fred Henry, have presented this Court with a joint motion to dismiss the pending appeal in this matter. In such a case, no real controversy exists, and in the absence of a controversy, the appeal is moot.

We remand this cause to the trial court for entry of orders to effectuate the settlement agreement among the parties.

We dismiss the appeal.

Jack Carter

Justice

Date Submitted: December 13, 2005

Date Decided: December 14, 2005

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