The appellants, Healthmark Partners, L.L.C., and Gulf Healthcare Center, Port Arthur, filed a motion to dismiss this accelerated interlocutory appeal. The Court finds that the motion is voluntarily made by the motion of 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 therefore dismissed without reference to the merits of the appeal. Appellate costs are assessed against the incurring party.

APPEAL DISMISSED.

___________________________

DAVID GAULTNEY

Justice

Opinion Delivered February 9, 2006

Before Gaultney, Kreger, and Horton, JJ.