Appellants, Charles William Richardson and J. Ronald Burke, and appellees, Southwest Construction Receivables, Limited, and Construction Invoice Funding, Ltd., Dennis O'Banion, and Dan W. Moore, have filed with this Court a joint motion to dismiss the pending appeal in this matter and remand the cause to the trial court. 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. We set aside without regard to the merits the judgment of the trial court and remand the case to the court for rendition of judgment in accordance with the agreement. See Tex. R. App. P. 42.1(a)(2)(B).

Jack Carter

Justice

Date Submitted: January 14, 2009

Date Decided: January 15, 2009

h his attorney, has signed the motion. Pursuant to Tex. R. App. P. 42.2 (voluntary dismissal in criminal cases), we grant the motion.

            We dismiss the appeal.

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          July 26, 2004

Date Decided:             July 27, 2004

Do Not Publish