Carmax Auto Superstores, Inc. and El Paso Independent Auto Dealers Association, Jorge Bayona D/B/A C & J Auto Wholesale, and Gustavo Escarsega D/B/A Escarsega Auto Sales v. State of Texas, Hon. Greg Abbott, the Texas Department of Transportation, Brett Bray, Jaime Esparza, Jose Rodriguez, Charles McNabb, and Texas Automobile Dealers Assc. Texas Ind. Automobile Dealers Assc. Texas Motorcycle Dealers Assc. and RV Dealers of TX

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Carmax Auto Superstores, Inc., and

El Paso Independent Automobile Dealers Association, Inc., Cesar and Jorge Bayona d/b/a C&J Auto Sales, and Gustavo Escarsega d/b/a Escarsega Auto Sales,



Appellants,



v.



State of Texas, Honorable Greg Abbott in his Official Capacity as Attorney General of Texas, the Texas Department of Transportation, Brett Bray, in his Official Capacity as Director of the Motor Vehicle Division of Texas Department of Transportation, Jaime Esparza, in his Official Capacity as District Attorney for El Paso County, Jose Rodriguez, in his Official Capacity as County Attorney for El Paso County, Charles McNabb, in his Official Capacity as City Attorney for the City of El Paso, and Texas Automobile Dealers Association, Texas Independent Automobile Dealers Association, Texas Motorcycle Dealers Association, and RV Dealers of Texas,



Appellees.

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No. 08-06-00214-CV

Appeal from the



383rd District Court

of El Paso County, Texas



(TC# 98-2879)





























MEMORANDUM OPINION



Pending before the Court is Appellants' motion to dismiss this appeal pursuant to Tex.R.App.P. 42.1(a)(1) because Appellants no longer desire to prosecute it. We grant the motion and dismiss the appeal. Pursuant to Rule 42.1(d), costs are taxed against Appellants. Tex.R.App.P. 42.1(d).





June 21, 2007

ANN CRAWFORD McCLURE, Justice



Before Chew, C.J., McClure, and Carr, JJ.