IN RE:

TYLER ROSE NURSERY, INC.,

RELATOR

______________________________________________________________________________

Relator Tyler Rose Nursery, Inc. has filed a motion to withdraw its petition for writ of mandamus filed on November 12, 2002. All other parties to the proceeding have been given notice of the filing of this motion. In its motion, Relator represents that the parties to the underlying proceeding have signed a settlement agreement that disposes of the remaining issue between them in the trial court. Because Relator has met the requirements for dismissal, the motion is granted, and the proceeding is dismissed.

Opinion delivered November 26, 2002.

Panel consisted of Gohmert, Jr., C.J., Worthen, J., and Griffith, J.

(DO NOT PUBLISH)