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

On November 8, 2004, the parties filed a Joint Motion to Dismiss pursuant to Tex. R. App. P. 42.1(a)(2)(A) based on an agreement resolving the underlying dispute.

Accordingly, without passing on the merits of the case, the parties' Joint Motion to Dismiss is granted and the appeal is hereby dismissed. Rule 42.1(a).

All costs are assessed to appellant. Having dismissed the appeal at the parties' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Phil Johnson

Chief Justice

ely and all deadlines for its filing have expired. See Tex. R. App. P. 26.1.

Accordingly, we dismiss this purported appeal for want of jurisdiction.

Don H. Reavis

Justice

1. Although Dotsey filed her purported notice of appeal in this Court, it is deemed filed with the trial court clerk on the same day. Tex. R. App. P. 25.1(a).