THE THIRTEENTH COURT OF APPEALS 13-17-00030-CV James M. Bass, in his Official Capacity as the Executive Director of the Texas Department of Transportation and the Texas Department of Transportation v. Whalen's Furniture, Inc. On Appeal from the 250th District Court of Travis County, Texas Trial Cause No. D-1-GN-16-002168 JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, vacates the trial court’s judgment and dismisses the case. The Court orders the judgment vacated and the case is DISMISSED. Costs of the appeal are adjudged against the appellant, James M. Bass, in his Official Capacity as the Executive Director of the Texas Department of Transportation and the Texas Department of Transportation We further order this decision certified below for observance. November 15, 2018