The appellant, Exxon Mobil Corporation, and the appellee, Vickie Lynn Hall, filed a joint motion to dismiss this appeal. The motion is voluntarily made by the parties prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(2). No other party filed notice of appeal. We grant the motion and dismiss the appeal.

APPEAL DISMISSED.

STEVE McKEITHEN

Chief Justice

Opinion Delivered January 8, 2009

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