TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00223-CV

Deene A. Sweeney and Texas Division, Sons of Confederate

Veterans, Inc., Appellants

v.

Thomas Phillips, in his Administrative Capacity; Rick Perry, in his Official

Capacity as Governor of the State of Texas; and Cindy Reed,

in her Official Capacity as Executive Director of the

Texas Building and Procurement

Commission, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT

NO. GN001678, HONORABLE PAUL DAVIS, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

The parties have filed a joint motion seeking to have the appeal suspended while they seek to settle their dispute. We grant the motion and abate the appeal for 120 days. The parties are ordered to file a status report or a motion to dismiss with this Court no later than May 6, 2005.

David Puryear, Justice

Before Chief Justice Law, Justices B. A. Smith and Puryear

Filed: January 6, 2005