Todd McGowen, Owner of Impero Russo, Inc. D/B/A TYC Auto v. Director of the Texas Department of Motor Vehicles ( 2022 )

NUMBER 13-22-00028-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
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.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Tijerina
Memorandum Opinion by Chief Justice Contreras
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. 1
Appellant requests the dismissal, as he no longer wishes to pursue an appeal in this
action.
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.
DORI CONTRERAS
Chief Justice
Delivered and filed on the
14th day of April, 2022.
This case is before the Court on transfer from the Third Court of Appeals pursuant to a docket
1
equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
2