The appellant and relator, Choice Hotels International, Inc., filed motions to dismiss this accelerated appeal and related mandamus proceeding. The motion is voluntarily made by the appellant and relator prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(1). No other party filed notice of appeal or requested mandamus relief. We grant the motion and dismiss both the appeal and the original proceeding without reference to the merits. By agreement of the parties, costs are assessed against the incurring party.

DISMISSED.

______________________________

STEVE McKEITHEN

Chief Justice

Opinion Delivered October 8, 2009

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