The appellant, Marga Lynn Kitchell, filed a motion to dismiss this appeal. 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. We grant the motion and dismiss the appeal.

APPEAL DISMISSED.

______________________________

HOLLIS HORTON

Justice

Opinion Delivered October 29, 2009

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