The appellant, Fidelity and Guaranty Insurance Company, 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. By agreement of the parties, the mandate will issue immediately and each party will bear its own costs. See Tex. R. App. P. 18.1(c); Tex. R. App. P. 42.1(d).

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered May 7, 2009

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