On October 2, 2003, A.W. Schlesinger Geriatric Center filed a petition for writ of mandamus. The parties subsequently settled the underlying litigation. On March 24, 2004, the relator filed a motion to dismiss the petition.

Accordingly, this original proceeding is dismissed without reference to the merits.

WRIT DISMISSED.

PER CURIAM

Opinion Delivered April 1, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.