Appellant, Texas Kenworth Co., d/b/a MHC Kenworth, has filed with this Court a motion to dismiss the pending appeal in this matter. Appellant represents 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.

Jack Carter

Justice

Date Submitted: December 1, 2009

Date Decided: December 2, 2009