The appellant, Texas Department of Public Safety, filed a motion to dismiss this appeal. The appellant alleges that the issues made the basis of this appeal have been mooted by the death of the appellee. 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.

APPEAL DISMISSED.

___________________________

HOLLIS HORTON

Justice

Opinion Delivered August 11, 2005

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