The appellant, Silsbee Oaks Health Care, L.L.P., filed a motion to dismiss this accelerated interlocutory appeal. The Court finds that the 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 notice of appeal. The motion to dismiss is granted and the appeal is dismissed without reference to the merits of the appeal. The stay of the underlying proceedings granted on January 14, 2005, is lifted. Appellate costs are assessed against the appellant.

PER CURIAM

Opinion Delivered May 26, 2005

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

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