________________________

*William J. Cornelius, Chief Justice, Retired, Sitting by Assignment

Appellant, James Miller, has filed with this Court a motion to dismiss the pending appeal in this matter. He 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: June 9, 2009

Date Decided: June 10, 2009