The appellant, SeaBright Insurance Company, filed a request to dismiss this appeal. The request 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 request to dismiss is granted and the appeal is dismissed.

APPEAL DISMISSED.

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DAVID GAULTNEY

Justice

Opinion Delivered November 13, 2008

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