The appellant 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.

____________________________

DAVID GAULTNEY

Justice

Opinion Delivered April 2, 2009

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