
In The


Court of Appeals


Ninth District of Texas at Beaumont

____________________


NO. 09-08-427 CV

____________________


GARY MCCUAN, Appellant


V.


TEXAS MUTUAL INSURANCE CO., Appellee




On Appeal from the 172nd District Court
Jefferson County, Texas

Trial Cause No. E-179,010




MEMORANDUM OPINION
 The appellant, Gary McCuan, 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.
								____________________________
									HOLLIS HORTON
										Justice	

Opinion Delivered December 18, 2008
Before Gaultney, Kreger, and Horton, JJ. 
