TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00442-CV

Texas Department of Public Safety, Appellant v. Curtis Anthony Muniz, Appellee

FROM THE COUNTY COURT OF LEE COUNTY NO. 2760, HONORABLE EVAN GONZALES, JUDGE PRESIDING

MEMORANDUM OPINION

The Texas Department of Public Safety has filed a motion to dismiss this appeal of the county court’s reversal of the suspension of appellee’s driver license. Because appellee was found not guilty of driving while intoxicated, the Department cannot suspend appellee’s license and must rescind any previous suspension. See Tex. Transp. Code Ann. § 524.015(b) (West 1999).

We dismiss this appeal.

David Puryear, Justice Before Justices Kidd, Puryear and Pemberton Dismissed on Appellant’s Motion Filed: December 18, 2003