In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00017-CV ______________________________

A. E. SMITH AND EDITH A. SANDERS, Appellants V. CITY OF MOUNT PLEASANT, TEXAS, AND JERRY BOATNER, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF MOUNT PLEASANT, TEXAS, Appellees

On Appeal from the 76th Judicial District Court Titus County, Texas Trial Court No. 32,586

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

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION A. E. Smith and Edith A. Sanders, appellants, have filed with this Court a motion to dismiss the pending appeal in this matter. They represent to this Court that the parties 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: February 11, 2008 Date Decided: February 12, 2008