









In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana


______________________________


No. 06-09-00100-CV

______________________________



TEXAS KENWORTH CO., D/B/A MHC KENWORTH, Appellant


V.


LODI DRILLING & SERVICE CO., Appellee





On Appeal from the 115th Judicial District Court

Marion County, Texas

Trial Court No. 0900041







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

Memorandum Opinion by Justice Carter


MEMORANDUM OPINION


 Appellant, Texas Kenworth Co., d/b/a MHC Kenworth, has filed with this Court a motion
to dismiss the pending appeal in this matter.  Appellant 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:	December 1, 2009
Date Decided:		December 2, 2009
