Charles A. Evans, appellant, filed a motion to dismiss this appeal with prejudice. The appellant alleges all matters in controversy have been resolved and he no longer desires to pursue an appeal. 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 9, 2006

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