Before QUINN and REAVIS and CAMPBELL, JJ.

Appellant Royce Bicklein and appellee The Education Resources Institute, Inc. have filed a joint motion to dismiss this appeal because the parties have reached a settlement. The motion is signed by attorneys for both parties. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(1) and dismiss the appeal.

Having dismissed the appeal at the parties' request, no motion for rehearing will be entertained and our mandate will issue forthwith.

James T. Campbell

Justice

AN>See Tex. R. App. P. 38.8(a)(1) and 42.3(b) and (c).

Per Curiam

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. §75.002(a)(1) (Vernon Supp. 2003).