United Services Automobile Association v. Kathleen Pigott

MEMORANDUM OPINION

No. 04-02-00696-CV

UNITED SERVICES AUTOMOBILE ASSOCIATION,

Appellant

v.

Kathleen PIGOTT,

Appellee

From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2000-CI-10279

Honorable John Gabriel, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: September 1, 2004

DISMISSED

On December 31, 2003, the panel issued an opinion and judgment in this appeal. Although the court requested a response to appellant's motion for rehearing en banc, that motion remains pending before the court. On August 6, 2004, the parties filed a joint motion to dismiss the appeal, stating that they have agreed to a mediated settlement. The parties' motion requests that we dismiss the appeal upon appellee's advisory that settlement documents have been executed. On August 24, 2004, appellee advised the court that settlement documents have been executed. The joint motion is granted. This court's judgment of December 31, 2003, is withdrawn, and the appeal is dismissed. Appellant's motion for rehearing en banc is dismissed as moot.

PER CURIAM