On January 8, 2004, appellee E.I. Du Pont de Nemours filed a motion to dismiss the appeal for lack of jurisdiction. The appellant did not file a response to the motion. On November 12, 2003, the trial court ordered the appellant to return certain documents to appellee Du Pont. The appellant filed notice of appeal on December 4, 2003. The notice of appeal recites that the appeal is an accelerated appeal taken under Tex. R. App. P. 26.1(b). The order is not an order for which an accelerated appeal may be taken. See Tex. Civ. Prac. & Rem. Code Ann. § 51.041 (Vernon Supp. 2004). The appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered February 5, 2004.

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