DON COX,

APPELLANT

V.

TOMMY KING,

APPELLEE

The parties have filed a joint motion to abate the appeal in which they request this court to abate the appeal pending the preparation, submission, and approval of all settlement documents. The motion to abate the appeal is granted. Accordingly, this appeal is abated and hereby removed from the court's active docket. The appeal may be reinstated upon motion of any party. All appellate deadlines are suspended during this abatement.

The parties will promptly file a motion to dismiss in this court when the settlement has been finally approved by all parties and memorialized in a signed written document. The parties will promptly notify this court if they fail to finalize the settlement. If the court receives neither notification from the parties within ninety days after the date of this opinion, on its own motion, the court will lift the abatement and the appeal will proceed.

Opinion delivered August 13, 2003.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.