Empire Truck Lines, Inc. filed a motion to dismiss this appeal. The appellant alleges that it no longer wishes to pursue an appeal because the trial court granted a new trial. The Court finds that this motion is voluntarily made by the appellant through its attorney of record prior to any decision of this Court. 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. Appellate costs are assessed against the appellant.

PER CURIAM

Opinion Delivered July 8, 2004

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

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