In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00093-CV ______________________________

UPSHUR MANOR NURSING HOME, IN ITS ASSUMED OR COMMON NAME, ET AL., Appellants V. BOBBY W. GREEN, Appellee

On Appeal from the County Court Upshur County, Texas Trial Court No. 6755

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

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Appellants have filed with this Court a motion to dismiss the pending appeal in this matter, representing that a full and final settlement has been reached between all parties. 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: January 7, 2010 Date Decided: January 8, 2010