TEXAS DEPARTMENT OF

PUBLIC SAFETY,

APPELLANT

V.

BRENT THOMAS FEHNER,

APPELLEE

Appellant has filed a motion to dismiss its appeal, and all other parties to the appeal have been given notice of the filing of this motion. Because Appellant has met the requirements of Tex. R. App. P. 42.1(a)(2), the motion is granted, and the appeal is dismissed.

Opinion delivered December 23, 2003.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.