Dismissed and Memorandum Opinion filed December 15, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-01105-CV

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TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION, Appellant

V.

STANLEY WAYNE GARNER, Appellee

On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No.9610637

M E M O R A N D U M   O P I N I O N

This is an accelerated appeal from an order signed September 15, 2005.  On December 7, 2005, appellant filed an unopposed motion to dismiss the appeal because unresolved fact questions remain in dispute.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed December 15, 2005.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.