TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00354-CV

Hyperion Holdings, Inc., 1987 Community Development Corporation and Continental Realty, Inc., Appellants v. The Texas Department of Housing & Community Affairs and Edwina Carrington, in her official capacity as Executive Director, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. D-1-GN-05-001092, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING

MEMORANDUM OPINION

Appellants Hyperion Holdings, Inc., 1987 Community Development Corporation and Continental Realty, Inc. have filed a motion to dismiss this appeal. We grant the motion and dismiss this appeal.

G. Alan Waldrop, Justice Before Justices B. A. Smith, Puryear and Waldrop Dismissed on Appellants’ Motion Filed: September 6, 2006