On February 26, 2004, we abated the appeal on suggestion of bankruptcy. Tex. R. App. P. 8. The appeal is hereby reinstated. Tex. R. App. P. 8.3(a).

The appellant, DII Industries, LLC, formerly known as Dresser Industries, Inc., filed a motion to dismiss this appeal. The appellant alleges it no longer desires to prosecute this appeal because the parties have settled their dispute. 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.

___________________________

CHARLES KREGER

Justice

Opinion Delivered February 16, 2006

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