The appellant, Eugene L. Heiman, and the appellee, Sammy King, filed a joint motion to dismiss this appeal. The motion is voluntarily made by the parties prior to any decision of this Court and should be granted. See Tex. R. App. P. 42.1(a)(2). 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 2, 2008

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