APPELLANT

APPELLEE

PER CURIAM

The opinion and judgment of this Court, dated November 10, 1993, are withdrawn and the following substituted therefor.

On November 10, 1993, this Court dismissed the appeal for want of prosecution because appellant, the State of Texas, failed to file either a brief or a motion for extension of time within which to file a brief. See Tex. R. App. P. 74(l)(1). Pursuant to the State's first motion for extension, its brief was due no later than September 7, 1993. The State has filed a motion for rehearing requesting this Court to dismiss the appeal because the parties have settled the controversy. We will grant the motion.

In its motion, the State alleges that it did not pursue the appeal because the parties were involved in settlement negotiations. The State concedes that, although the parties reached a settlement, neither side filed a motion to dismiss the appeal. Additionally, neither party notified the Clerk of this Court that a settlement was pending.

The motion for rehearing is granted. The appeal is dismissed in accord with the settlement agreement of the parties. See Tex. R. App. P. 59(a)(1).

Before Chief Justice Carroll, Justices Aboussie and B. A. Smith

Appeal Dismissed

Filed: December 22, 1993

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