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.

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED NOVEMBER 15, 2024

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

APPEAL FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE BYRNE, JUSTICES TRIANA AND KELLY VACATED AND DISMISSED ON APPELLANTS’ MOTION – OPINION BY JUSTICE KELLY

This is an appeal from the judgment signed by the trial court on July 21, 2023. Appellants have

filed a motion to vacate the trial court’s judgment and dismiss the cause, and having considered

the motion, the Court agrees that the motion should be granted. Therefore, the Court grants the

motion, dismisses the appeal, vacates the trial court’s judgment, and dismisses the underlying suit.

Appellants shall pay one-half the costs relating to this appeal, and appellee shall pay one-half the

costs relating to this appeal, both in this Court and in the court below.