The appellant, the Texas Department of Public Safety, filed a motion to dismiss this restricted appeal. The 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 notice of appeal. The motion to dismiss is granted and the appeal is dismissed.

APPEAL DISMISSED.

______________________________

DAVID GAULTNEY

Justice

Opinion Delivered August 2, 2007

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