The appellant, Groendyke Transport, Inc., 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. 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.

____________________________

HOLLIS HORTON

Justice

Opinion Delivered February 28, 2008

Before Gaultney, Kreger, and Horton, JJ