On October 11, 2005, Paul H. Gesswein & Company, Relator, joined by additional Relators Swest, Inc., Stuller, Inc., f/k/a Stuller Settings, Inc., The Bell Group, Inc., f/k/a Rio Grande Albuquerque, Inc., f/k/a Rio Grande Jewelers Supply, Inc., f/k/a Rio Grande Wholesale Jewelers, Inc., The Matchless Metal Polishing Company, Inc., a/k/a Paul H. Matchless & Company, Inc., Kerr Corporation, KerrLab a/k/a Kerr Jewelry and Specialty Products, Sybron Dental Specialties, Inc., Sattex Corporation, and Grobet File Company of America, Inc., a/k/a Grobet USA, filed this petition for writ of mandamus. We requested a response from the real party in interest. On October 28, 2005, the relators filed a motion to dismiss the petition as moot. Relators allege the underlying action has concluded in a settlement of all issues among all parties.

Accordingly, this original proceeding is dismissed without reference to the merits. Costs are assessed against the incurring party.

WRIT DISMISSED.

PER CURIAM

Opinion Delivered November 17, 2005

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