On Application for Rehearing

MEMORANDUM OF JUNE 2, 2000, WITHDRAWN; MEMORANDUM SUBSTITUTED; APPLICATION OVERRULED; RULE 39(k) MOTION DENIED; AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. R.App.P.; Ex parte Achenbach, 783 So.2d 4 (Ala. 2000); Contractor Success Group, Inc. v. Service Thrust Org., 681 So.2d 212 (Ala.Civ.App. 1996); Pinto v. Alabama Coalition for Equity, 662 So.2d 894 (Ala. 1995); Garner v. Decatur Utils., 709 So.2d 1309 (Ala.Civ.App. 1998); and Bowman v. Integrity Credit Corp., 507 So.2d 104 (Ala.Civ.App. 1987).

This case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala.Code 1975.

dissenting.

I dissent from the affirmance of the trial court’s determination that the parties had reached a settlement agreement. Rule 47, Ala.R.App.P., is not applicable here because that rule does not govern agreements reached at the trial level — only *709agreements reached while the matter is on appeal. See Ex parte Sims, 627 So.2d 380 (Ala.), cert. denied sub nom. Dunn v. Sims, 510 U.S. 1012, 114 S.Ct. 603, 126 L.Ed.2d 568 (1993).

Instead, § 34-3-21, Ala.Code 1975, governs. That section provides:

“An attorney has authority to bind his client, in any action or proceeding, by any agreement in relation to such ease, made in writing, or by an entry to be made on the minutes of the court.”

There is no agreement in writing and no entry reflecting an agreement on the minutes of the court. The judgment of the trial court is due to be reversed.