FOUNDATION, INC., Appellants

Appellants and appellees have filed with this Court a joint motion asking us to dismiss the pending appeal in this matter and to vacate, without regard to the merits, the trial court's orders denying appellants' plea to the jurisdiction and its motion for summary judgment attacking subject-matter jurisdiction. 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 orders denying appellants' plea to the jurisdiction and its motion for summary judgment, without regard to the merits, and dismiss this appeal. See Tex. R. App. P. 42.1(a).

Bailey C. Moseley

Justice

Date Submitted: February 10, 2009

Date Decided: February 11, 2009