Eliazer Tract, L.L.C., River Oaks Villas, L.L.C., and Bernard Walker, appellants, filed a motion to dismiss this appeal with prejudice. The appellants allege they have settled their claims and no longer desire to pursue an appeal. The Court finds that this motion is voluntarily made by the appellants 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. The motion to dismiss is granted and the appeal is therefore dismissed.

APPEAL DISMISSED.

___________________________

HOLLIS HORTON

Justice

Opinion Delivered December 22, 2005

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