Thomas, Roosevelt C. v. Olympus/Nelson Property Management, d/b/a Weyrich Real Estate, Inc.--Appeal from 269th District Court of Harris County

Dismissed and Memorandum Opinion filed August 19, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-01212-CV

____________

ROOSEVELT C. THOMAS, Appellant

V.

OLYMPUS/NELSON PROPERTY MANAGEMENT D/B/A WEYRICH REAL ESTATE, INC., Appellee

On Appeal from the 269th District Court

Harris County, Texas

Trial Court Cause No. 01 25314

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed August 30, 2002.

On May 27, 2004, this Court issued an opinion and a judgment affirming in part and reversing and remanding in part. Appellant filed a motion for rehearing and appellee filed a motion for rehearing en banc, which are both pending. On August 6, 2004, the parties filed a joint motion to dismiss the appeal in order to effectuate a compromise and settlement agreement. See Tex. R. App. P. 42.1. The motion is granted.

In granting the parties= motion to dismiss, this Court does not withdraw its opinion dated May 27, 2004. See Tex. R. App. P. 42.1(c).

Further, the Court overrules as moot appellant=s motion for rehearing and appellee=s motion for rehearing en banc.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 19, 2004.

Panel consists of Justices Edelman, Frost, and Guzman.