Appellants, The Texas Alcoholic Beverage Commission and Sherry Cook, Administrator// Cross-Appellant, D. Houston, Inc. d/b/a Treasures v. Appellee, D. Houston, Inc. d/b/a Treasures// Cross-Appellees, The Texas Alcoholic Beverage Commission and Sherry Cook, AdministratorAppeal from 126th District Court of Travis County (memorandum opinion )

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00327-CV Appellants, The Texas Alcoholic Beverage Commission and Sherry Cook, Administrator// Cross-Appellant, D. Houston, Inc. d/b/a Treasures v. Appellee, D. Houston, Inc. d/b/a Treasures// Cross-Appellees, The Texas Alcoholic Beverage Commission and Sherry Cook, Administrator FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. D-1-GN-12-001750, HONORABLE GISELA D. TRIANA, JUDGE PRESIDING MEMORANDUM OPINION The Texas Alcoholic Beverage Commission (TABC) and Sherry Cook, in her official capacity as TABC administrator, have filed a motion to abate this appeal pending resolution by the Texas Supreme Court of the related mandamus proceeding, In re Texas Alcoholic Beverage Commission and Sherry Cook, in her official capacity as TABC Administrator, cause number 130513. We grant the motion. __________________________________________ Bob Pemberton, Justice Before Chief Justice Jones, Justices Pemberton and Field Abated Filed: November 6, 2013