DISMISS; and Opinion Filed December 12, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01007-CV IN RE J.C. PENNEY COMPANY INC., ET AL, Relator Original Proceeding from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-00735 MEMORANDUM OPINION Before Justices O'Neill, Lang-Miers, and Evans Opinion by Justice Evans

Before the Court is the joint motion of the parties to dismiss the above-captioned mandamus proceeding pursuant to which the parties advise the court that they have entered a settlement agreement and have dismissed the action from which this mandamus proceeding arose. The Court GRANTS the motion to dismiss. Accordingly, we DISMISS relator’s petition for writ of mandamus as moot. Tex. R. App. P. 42.1 (a)(2).

/David W. Evans/ DAVID EVANS JUSTICE 131007F.P05