Cindy Lee Byrd, appellant, filed a motion to dismiss this appeal. The Court finds that this motion is voluntarily made by 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 a notice of appeal.

It is, therefore, ORDERED that the motion to dismiss be granted and the appeal is therefore DISMISSED.

PER CURIAM

Opinion Delivered September 30, 2004

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

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