Rust-Oleum Corporation filed a motion to dismiss its appeal as to Gerald Diaz, Deborah Diaz, and Kate Morris (individually and as personal representative of the estate of Michael Morris and as next friend of Michael Morris and Matthew Morris). Other parties also filed notices of appeal but have not joined in the motion to dismiss filed by Rust-Oleum Corporation. The motion was voluntarily made by Rust-Oleum Corporation immediately prior to any decision of this Court and should be granted. See Tex. R. App. P. 42.1(a)(1). No party filed an objection to the motion to dismiss filed by Rust-Oleum Corporation.

The motion to dismiss is granted and the appeal of Rust-Oleum Corporation is dismissed as to Gerald Diaz, Deborah Diaz, and Kate Morris (individually and as personal representative of the state of Michael Morris and as next friend of Michael Morris and Matthew Morris).

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered June 12, 2008

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