TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00714-CV

Charles G. Cooper, in his Official Capacity as the Texas Banking Commissioner, Appellant v. Cornelius Campbell Burgess, Appellee

FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-22-000504, THE HONORABLE AMY CLARK MEACHUM, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Charles G. Cooper, in his Official Capacity as the Texas Banking Commissioner, has filed an unopposed motion to dismiss this appeal. Appellant also requests that we vacate the final judgment below and informs the Court that appellee does not oppose the motion to dismiss and has not taken a position on appellant’s request for vacatur of the trial court’s judgment.

On appellant’s motion, Texas Rule of Appellate Procedure 42.1(a)(1) allows this Court “to dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled.” Compare Tex. R. App. P. 42.1(a)(1) with id. R. 43.2 (establishing that court of appeals may render specific types of judgment, including “(e) vacate the trial court’s judgment and dismiss the case; or (f) dismiss the appeal”). The comment to Rule 42.1 explicitly states, “The rule[] does not permit an appellate court . . . to vacate a trial court’s judgment absent reversible error or a settlement.” Id. R. 42.1 cmt.

Accordingly, we grant appellant’s motion in part and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1).

__________________________________________ Gisela D. Triana, Justice Before Justices Baker, Triana, and Smith Dismissed on Appellant’s Motion Filed: July 28, 2023