TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00151-CV

Russell J. Verney, Appellant

v.

Carole Keeton Strayhorn, as Comptroller of Public Accounts of the State of Texas;

Greg Abbott, Individually and as Attorney General of the State of Texas;

and Reagan E. Greer, Individually and as Executive Director

of the Texas Lottery Commission, Appellees

FROM THE DISTRICT COURT OF 126TH COUNTY, TRAVIS JUDICIAL DISTRICT

NO. GN404078, HONORABLE YELENOSKY, JUDGE PRESIDING

Pursuant to the parties' request, we abated this appeal on May 12, 2005, pending resolution of the appeal in cause number 03-05-00064-CV. We stated that the instant appeal would be reinstated upon the resolution of 03-05-00064-CV. That appeal has now been resolved. See Verney v. Abbott, No. 03-05-00064-CV, 2006 Tex. App. LEXIS 6727 (Tex. App.--Austin July 28, 2006, no pet.) ("Verney I"). Thus, the instant appeal has been reinstated.

We now dismiss this appeal because the disposition in Verney I--that the trial court lacked subject matter jurisdiction--has rendered this appeal moot.

W. Kenneth Law, Chief Justice

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

Dismissed as moot

Filed: September 14, 2006