Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

On October 7, 2003, appellant Warranty Underwriters Insurance Company filed an Unopposed Motion to Dismiss Appeal pursuant to agreement of the parties and in accordance with Tex. R. App. P. 42.1. The motion includes a certificate of conference and a certificate of service that counsel for appellees was served a copy of the motion by first class mail on October 6, 2003. No response to the motion has been received.

Accordingly, without passing on the merits of the case, appellant's Unopposed Motion to Dismiss is granted and the appeal is hereby dismissed. Tex. R. App. P. 42.1(a)(1).

All costs are assessed to the appellant. Having dismissed the appeal at the appellant's request and the appellees not having opposed such request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis

Justice

re of his request for and refused same. This he did not do. Moreover, the same analysis applies to any motion pending before the trial court filed by Watson. He has failed to illustrate that any of his motions have been presented to the trial court or that the court has refused to rule.

Accordingly, the petition for writ of mandamus is denied.

Brian Quinn

Chief Justice