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the underlying administrative action that is the subject of Appellee’s suit and of the trial court’s judgment has been repealed and replaced, rendering moot all issues raised in the suit and in this appeal.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