In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-04-498 CV ____________________

WANDA LEJEUNE, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF LEO JOSEPH LEJEUNE, DECEASED, AND ROMAN GREGORIE LEJEUNE, MICHEL JAY LEJEUNE, ANDRE RODRIC LEJEUNE, AND MELISSA LEJEUNE DOLAN, Appellants

V.

CHARLES EVANS, M.D., Appellee

---

On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-169435-B

---

MEMORANDUM OPINION ⁽¹⁾  

Wanda LeJeune, Individually and as Representative of the Estate of Leo Joseph LeJeune, Deceased, and Roman Gregorie LeJeune, Michel Jay LeJeune, Andre Rodric LeJeune, and Melissa LeJeune Dolan, appellants, filed a motion to dismiss this appeal. The Court finds that this motion is voluntarily made by the appellant prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1). No other party filed a notice of appeal.

It is, therefore, ORDERED that the motion to dismiss be granted and the appeal is therefore DISMISSED.

PER CURIAM

Opinion Delivered December 16, 2004

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

1. Tex. R. App. P. 47.4.