Bobby Wayne O'Neal v. Texas Department of Public Safety ( 2009 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-07-00334-CV

Bobby Wayne O'Neal,

                                                                                    Appellant

 v.

Texas Department of Public Safety,

                                                                                    Appellee

From the County Court at Law No. 2

McLennan County, Texas

Trial Court No. 2007-1772-CV2

MEMORANDUM  Opinion

Appellant has filed a “Motion to Dismiss Appeal,” stating that he no longer wishes to pursue this appeal.  Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled.  The motion to dismiss is granted, and the appeal is dismissed.  Tex. R. App. P. 42.1(a)(1).

REX D. DAVIS

Justice

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Appeal dismissed

Opinion delivered and filed March 4, 2009

[CV06]

g additional briefing on remand is a futile exercise which unnecessarily burdens the parties and constitutes an unnecessary expenditure of scarce judicial resources.  See In re Nabelek, 200 S.W.3d 364, 366 (Tex. App.—Waco 2006, orig. proceeding) (Gray, C.J., dissenting) (“If every fact alleged by Nabelek is true, requesting a response to this petition for a writ of mandamus is a waste of the collective resources of this Court, the State judicial system, the taxpayers of this State, and ultimately infringes on the rights of parties who properly have matters pending before this Court that need a resolution.”); see also Bell v. State, 956 S.W.2d 560, 561 (Tex. Crim. App. 1997) (briefing on remand unnecessary for issue already briefed by parties).

Because the majority insists on pursuing this course, I respectfully dissent.

FELIPE REYNA

Justice

Dissenting opinion delivered and filed April 8, 2009

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