The appellant, Charles T. Baker, requested that his appeal be dismissed. The motion is voluntarily made by the appellant prior to any decision of this Court. 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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STEVE McKEITHEN

Chief Justice

Opinion Delivered October 16, 2008

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