Appellants, Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas// Cross-Appellant, Gateway Regency, LP v. Appellee, Gateway Regency, LP// Cross-Appellants, Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas Appeal from 53rd District Court of Travis County (memorandum opinion)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-18-00702-CV Appellants, Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas// Cross-Appellant, Gateway Regency, LP v. Appellee, Gateway Regency, LP// Cross-Appellants, Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-17-003680, THE HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING MEMORANDUM OPINION PER CURIAM Appellants–Cross-Appellees have filed an agreed motion to abate this appeal pending the Texas Supreme Court’s resolution of EBS Solutions, Inc. v. Hegar, No. 18-0503, an appeal from this Court’s decision in Hegar v. EBS Solutions, Inc., 549 S.W.3d 849 (Tex. App.— Austin 2018, pet. filed) (en banc). We grant the motion and abate the appeal. Within 30 days of the Texas Supreme Court’s decision in cause 18-0503, Appellants–Cross-Appellees shall file an opening brief or a motion to dismiss the appeal. Failure to do so may result in this Court reinstating and dismissing this appeal for want of prosecution. See Tex. R. App. P. 42.3(b). Before Chief Justice Rose, Justices Kelly and Smith Abated Filed: January 18, 2019 2

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