Before REAVIS and CAMPBELL and HANCOCK, JJ.

Real party in interest Cam Fannin, Jr., filed a motion for rehearing of our opinion and judgment issued October 14, 2005 in this mandamus proceeding. The motion for rehearing is pending. Fannin now has filed a motion stating that the matters in controversy have been settled and requesting that his motion for rehearing be dismissed. We grant the motion.

Accordingly, Fannin's motion for rehearing is dismissed as moot. Tex. R. App. P. 52.9, 2. All costs herein having been paid, no order pertaining to costs is made.

James T. Campbell

Justice

ived, and that failure to pay the filing fee and file the docketing statement within ten days from the date of the letter could result in dismissal of the appeal. Tex. R. App. P. 32.1, 42.3(c); see Tex. R. App. P. 5.

That date has passed and no response has been received. Accordingly, this appeal is dismissed. Tex. R. App. P. 42.3(c).

James T. Campbell

Justice