On January 22, 2004, Kevin A. Duvall filed a petition for writ of mandamus. The parties subsequently resolved the dispute. On February 3, 2004, the relator filed a motion to dismiss the petition.

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

WRIT DISMISSED.

PER CURIAM

Opinion Delivered February 5, 2004

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

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