The appellant, Earthae Mae Sneed, Individually and as Representative of the Estate of Marvin Sneed, Jr., Deceased, filed a motion to dismiss this appeal. The motion is voluntarily made by the appellant prior to any decision of this Court and should be granted. See 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.

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CHARLES KREGER

Justice

Opinion Delivered November 20, 2008

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