TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00150-CV

The State of Texas, Appellant v. Stearman Construction, LLC, a Texas Limited Liability Company, and Steven Stearman, a/k/a Steven Ray Stearman, Individually, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT NO. D-1-GV-09-001640, HONORABLE GISELA D. TRIANA-DOYAL, JUDGE PRESIDING

MEMORANDUM OPINION

The State has filed a motion to dismiss, explaining that it no longer wishes to prosecute the appeal.1 We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1.

__________________________________________ David Puryear, Justice Before Justices Puryear, Rose and Goodwin Dismissed on Appellant’s Motion Filed: September 8, 2011

Stearman Construction, LLC, and Steven Stearman were originally appellants and cross- appellees, but when they failed to file a brief, we dismissed their appeal, allowing the State’s cross- appeal to proceed.