The appellant, Kelley Brothers, Inc., filed a motion to dismiss this accelerated interlocutory appeal. 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). No other party filed notice of appeal.

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 2, 2004

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

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