294 F.3d 1275
11th Cir.
2002
*1276 BY THE COURT:

The parties’ “Stipulation of Dismissal,” construed as a joint motion to dismiss this appeal with prejudice, is GRANTED.

Appellee’s motion for appellate attorneys’ fees is DENIED AS MOOT.

On its own motion, the Court VACATES its opinion issued on June 12, 2001. See Flagship Marine Services Inc. v. Belcher Towing Co., 23 F.3d 341, 342 (1994).