TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00394-CV

Dayand Limited Partnership, Appellant v. Jack Gindi, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT NO. GN402826, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant has filed a motion to dismiss the interlocutory appeal as moot. We grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a).

__________________________________________ David Puryear, Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Dismissed on Appellant’s Motion Filed: August 10, 2005