The appellant, Douglas Dewitt Garness, filed a motion to dismiss this 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.

___________________________

HOLLIS HORTON

Justice

Opinion Delivered January 11, 2007

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