Opinion
13-22-00028-CV
04-14-2022
TODD MCGOWEN, OWNER OF IMPERO RUSSO, INC. D/B/A TYC AUTO, Appellant, v. DIRECTOR OF THE TEXAS DEPARTMENT OF MOTOR VEHICLES, Appellee.
On direct appeal from the Motor Vehicle Division of the Texas Department of Motor Vehicles.
Before Chief Justice Contreras and Justices Benavides and Tijerina
MEMORANDUM OPINION
DORI CONTRERAS CHIEF JUSTICE.
This matter is before the Court on appellant's unopposed amended notice of nonsuit, which is construed as an unopposed amended motion to dismiss appeal.Appellant requests the dismissal, as he no longer wishes to pursue an appeal in this action.
This case is before the Court on transfer from the Third Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See Tex. Gov't Code Ann. § 73.001.
The Court, having considered appellant's unopposed amended motion, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a)(1). Therefore, appellant's unopposed amended motion to dismiss is granted, and the appeal is hereby dismissed. Costs will be taxed against the appellant. See Tex. R. App. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Because the appeal is dismissed at appellant's request, no motion for rehearing will be entertained.