Hubert McCurley, Individually, D/B/A Stan``s Backhoe Service, Inc., and Rita McCurley, Individually v. Capitol Indemnity Corporation ( 2010 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-10-00025-CV
______________________________
HUBERT MCCURLEY, INDIVIDUALLY,
D/B/A STAN’S BACKHOE SERVICE, INC., AND
RITA MCCURLEY, INDIVIDUALLY, Appellants
V.
CAPITOL INDEMNITY CORPORATION, Appellee
On Appeal from the 173rd Judicial District Court
Henderson County, Texas
Trial Court No. 2008A-490
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
Appellants, Hubert McCurley, Individually, d/b/a Stan’s Backhoe Service, Inc., and Rita
McCurley, Individually, have filed with this Court a motion to dismiss the pending appeal in this
matter. 1 Appellants represent 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.
Bailey C. Moseley
Justice
Date Submitted: June 15, 2010
Date Decided: June 16, 2010
1
Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas Supreme
Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (Vernon 2005).
2