The appellant, Rescar, Inc., 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. See 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.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered January 22, 2009

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