Kimberly Rice, Individually and as Next Friend of Kara Garrett and Gala Rice v. Louis A. Williams & Associates, Inc. ( 2005 )

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-04-00129-CV

______________________________

KIMBERLY RICE, INDIVIDUALLY AND AS

NEXT FRIEND OF KARA GARRETT AND

GALA RICE, ET AL., Appellants

V.

LOUIS A. WILLIAMS & ASSOCIATES, INC., ET AL., Appellees

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On Appeal from the 71st Judicial District Court

Harrison County, Texas

Trial Court No. 99-0899

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

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

          Appellants have filed a joint motion to dismiss the pending appeal in this matter. Appellants inform this Court they have previously nonsuited their claims against Appellee Southern County Mutual Insurance Company, and accordingly ask us to dismiss the appeal against that Appellee. As for the remaining Appellees, Appellants assert that all differences have been resolved, and accordingly ask us to dismiss this appeal. The motion is signed by the attorneys for Appellees. In such a case, no real controversy exists, and in the absence of a controversy, the appeal is moot.

          We grant Appellants' motion and dismiss this appeal.

                                                                           Donald R. Ross

                                                                           Justice

Date Submitted:      February 15, 2005

Date Decided:         February 16, 2005

>October 27, 2005