Dismissed and Memorandum Opinion filed August 19, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-01212-CV

____________

ROOSEVELT C. THOMAS, Appellant

V.

OLYMPUS/NELSON PROPERTY MANAGEMENT D/B/A WEYRICH REAL ESTATE, INC., Appellee

On Appeal from the 269th District Court

 Harris County, Texas

Trial Court Cause No. 01‑25314

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed August 30, 2002.

On May 27, 2004, this Court issued an opinion and a judgment affirming in part and reversing and remanding in part.  Appellant filed a motion for rehearing and appellee filed a motion for rehearing en banc, which are both pending.  On August 6, 2004, the parties filed a joint motion to dismiss the appeal in order to effectuate a compromise and settlement agreement.  See Tex. R. App. P. 42.1.  The motion is granted.

In granting the parties= motion to dismiss, this Court does not withdraw its opinion  dated May 27, 2004.  See Tex. R. App. P. 42.1(c).

Further, the Court overrules as moot appellant=s motion for rehearing and appellee=s motion for rehearing en banc. 

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 19, 2004.

Panel consists of Justices Edelman, Frost, and Guzman.