Dismissed and Memorandum Opinion filed February 5, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-03-01306-CV

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LAWRENCE P. MILES, JR., Appellant

V.

RICHARD B. WAGHALTER, D.D.S., Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 779,797

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from an order of non-suit signed October 22, 2003.  Appellant filed a pro se notice of appeal on November 3, 2003.  The clerk=s record was filed on November 14, 2003.  No reporter=s record was taken in this case.  Accordingly, appellant=s brief was due on or before December 15, 2003.  To date, no brief has been filed.

Moreover, the record reveals that the parties entered into a settlement agreement and jointly requested the trial court to dismiss all claims.  Therefore, the issues in this appeal have been rendered moot and we are without jurisdiction to consider the appeal. 

On January 20, 2004, notification was transmitted to all parties of the Court=s intention to dismiss the appeal.  See Tex. R. App. P. 42.3.  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 5, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.