The Texas Department of Transportation; Marc D. Williams, in His Official Capacity as the Executive Director of TxDOT; And Kyle Madsen, in His Official Capacity as Director of Right of Way for TxDOT v. John Gannon, Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00437-CV
The Texas Department of Transportation;
Marc D. Williams, in his Official Capacity as the Executive Director of the
Texas Department of Transportation; and Kyle Madsen, in his Official Capacity as
Director of Right of Way for the Texas Department of Transportation, Appellants
v.
John Gannon, Inc., Appellee
FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-18-001981, THE HONORABLE MADELEINE CONNOR, JUDGE PRESIDING
MEMORANDUM OPINION
Appellants have filed a motion, agreed to by Appellee, to dismiss this appeal, vacate
the trial court’s judgment, and dismiss the underlying suit. Appellants in the motion advise us
that the underlying administrative action that is the subject of Appellee’s suit and of the trial
court’s judgment has been repealed and replaced, rendering moot all issues raised in the suit and
in this appeal. Because of this mootness, we dismiss this appeal, vacate the trial court’s judgment,
and dismiss the underlying suit. See Heckman v. Williamson County, 369 S.W.3d 137, 162
(Tex. 2012); Paxton v. Williamson County, No. 03-23-00507-CV, 2024 WL 124414, at *1–3
(Tex. App.—Austin Jan. 11, 2024, no pet.) (mem. op.); EKDE Grp., LLC v. Moscow,
No. 03-23-00759-CV, 2023 WL 8852371, at *1 (Tex. App.—Austin Dec. 22, 2023, no pet.) (mem.
op.). The Clerk is to issue the mandate immediately, in accordance with the parties’ agreement.
See Tex. R. App. P. 18.1(c); Mometrix Media, LLC v. LCR Publ’g, LLC, No. 03-17-00570-CV,
2020 WL 1526461, at *1 (Tex. App.—Austin Mar. 31, 2020, no pet.) (mem. op.).
__________________________________________
Chari L. Kelly, Justice
Before Chief Justice Byrne, Justices Triana and Kelly
Vacated and Dismissed on Appellants’ Motion
Filed: November 15, 2024
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