TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00290-CV

Texas Lottery Commission, Appellant

v.

First State Bank of DeQueen, Stone Street Capital, Inc. and Cletius L. Irvan, Appellee

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

NO. D-1-GN-06-004663, HONORABLE DERWOOD JOHNSON, JUDGE PRESIDING

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

Appellant Texas Lottery Commission has filed an unopposed motion, seeking a dismissal of its appeal. Accordingly, we grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1).

Bob Pemberton, Justice

Before Justices Patterson, Puryear and Pemberton

Dismissed on Appellant's Motion

Filed: August 24, 2007