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