in Re Texas Alcoholic Beverage Commission ( 2009 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-08-00538-CV Texas Alcoholic Beverage Commission, et al., Appellant v. Green Star, Inc., a Texas Corporation; and The Silver City Club, an Unincorporated Membership Organization, Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. D-1-GN-05-003660, HONORABLE GISELA D. TRIANA-DOYAL, JUDGE PRESIDING NO. 03-08-00572-CV In re Texas Alcoholic Beverage Commission ORIGINAL PROCEEDING FROM TRAVIS COUNTY NO. 03-08-00616-CV Texas Alcoholic Beverage Commission, Chairman John Steen; Members Jose Cuevas and Steven M. Weinberg M.D., In Their Official Capacities; and Alan Steen, Adminstrator of The Texas Alcoholic Beverage Commission, et al., Appellants v. The Silver City Club, an Unincorporated Membership Organization; and Green Star, Inc., Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. D-1-GN-05-003660, HONORABLE DARLENE BYRNE, JUDGE PRESIDING NO. 03-08-00673-CV The Silver City Club, an Unincorporated Membership Organization; and Green Star, Inc., a Texas Corporation, Appellants v. The Texas Alcoholic Beverage Commission; its Chairman John Steen; and its members Jose Cuevas and Steven M. Weinberg, M.D., all sued here in their official capacities only; and Alan Steen, Administrator of the Texas Alcoholic Beverage Commission, et al., Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. D-1-GN-05-003660, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING MEMORANDUM OPINION The parties have filed unopposed motions to dismiss their appeals and proceedings.1 We grant the parties’ motions and dismiss cause numbers 03-08-00673-CV, 03-08-00538-CV, 03- 08-00572-CV, and 03-08-00616-CV. __________________________________________ David Puryear, Justice Before Chief Justice Jones, Justices Puryear and Henson Dismissed on Agreed Motions Filed: April 22, 2009 1 The Silver City Club and Green Star, Inc. (the private parties) filed their motion to dismiss their appeal in cause number 03-08-00673-CV on March 27, 2009. The State parties filed their motion to dismiss on April 7, 2009, stating it was contingent upon this Court’s dismissal of the private parties’ appeal and certifying that the private parties were not opposed to the State parties’ contingent motion. 2