The appellant, Koll Real Estate Group, Inc., filed a motion to dismiss this accelerated interlocutory appeal because the issues made the basis of this appeal have been mooted by its dismissal from the suit pending in the trial court. The Court finds that the motion is voluntarily made by the motion of the appellant prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1).

It is, therefore, ORDERED that the motion to dismiss be granted and the appeal is therefore DISMISSED without reference to the merits of the appeal. Appellate costs are assessed against the appellant.

PER CURIAM

Opinion Delivered December 18, 2003

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

1. Tex. R. App. P. 47.4.