Ergon Energy Partners, Ltd. filed a motion to dismiss this appeal. The appellant alleges that it no longer wishes to pursue an appeal because the trial court granted a new trial. The Court finds that this motion is voluntarily made by the appellant through its attorney prior to any decision of this Court. 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 28, 2006

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