In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00069-CV ______________________________

TEXAS KENWORTH CO., Appellant V. R. BYRON ROACH, TRUSTEE, L.L.C., AND CHALKER ENERGY MANAGEMENT II, L.L.C., Appellees

On Appeal from the 71st Judicial District Court Harrison County, Texas Trial Court No. 07-0512

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

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Texas Kenworth Co., appellant, and R. Byron Roach, Trustee, L.L.C., and Chalker Energy Management II, L.L.C., appellees, have filed with this Court a joint motion to dismiss the pending appeal in this matter. 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 and dismiss this appeal.

Bailey C. Moseley Justice Date Submitted: September 22, 2008 Date Decided: September 23, 2008