ROY NG, AND AKM SAJJADUL ISLAM, Appellees

Appellant and appellees have filed with this Court a joint motion to dismiss the pending appeal in this matter and to vacate the findings of fact and conclusions of law. ⁽¹⁾ 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, vacate the trial court's findings of fact and conclusions of law, and dismiss this appeal. See Tex. R. App. P. 42.1(a).

Bailey C. Moseley

Justice

Date Submitted: December 22, 2008

Date Decided: December 23, 2008

1. Originally appealed to the Fifth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See Tex. Gov't Code Ann. § 73.001 (Vernon 2005). We are unaware of any conflict between precedent of the Fifth Court of Appeals and that of this Court on any relevant issue. See Tex. R. App. P. 41.3.