The appellant, Terry K. Eldridge, 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. The motion to dismiss is granted and the appeal is therefore dismissed. The mandate shall issue immediately by agreement of the parties. Tex. R. App. P. 10.1(c).

APPEAL DISMISSED.

______________________

DAVID GAULTNEY

Justice

Opinion Delivered October 27, 2005

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