Opinion
No. 06-18-00085-CV
01-04-2019
COMPTROLLER OF PUBLIC ACCOUNTS, STATE OF TEXAS, Appellant v. SMITHVILLE INDEPENDENT SCHOOL DISTRICT, Appellee
On Appeal from the 53rd District Court Travis County, Texas
Trial Court No. D-1-GN-17-004070 Before Morriss, C.J., Burgess and Moseley, JJ.
MEMORANDUM OPINION
Bailey C. Moseley, Retired, Sitting by Assignment
The parties have filed with this Court an agreed motion to set aside the trial court's judgment out of Travis County, without regard to the merits and remand this case to the trial court for disposition in accordance with the terms of the parties' settlement agreement. The parties represent to this Court that 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.
Originally appealed to the Third 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 (West 2013). We are unaware of any conflict between precedent of the Third Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3.
We grant the motion. We set aside the judgment of the trial court without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement. See TEX. R. APP. P. 42.1(a)(2)(B).
We dismiss the appeal.
Josh R. Morriss, III
Chief Justice Date Submitted: January 3, 2019
Date Decided: January 4, 2019