The appellant, Thomas Garner d/b/a Lawntech Landscaping Services, filed a motion to dismiss this appeal. The appellant alleges he 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.

___________________________

DAVID GAULTNEY

Justice

Opinion Delivered January 19, 2006

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