The appellant, Rob L. Newby, 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 January 24, 2008

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