TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-10-00296-CV
Texas Commission on Environmental Quality, Appellant
v.
Public Citizen, Inc., Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT
NO. D-1-GN-09-003426, HONORABLE GISELA D. TRIANA, JUDGE PRESIDING
MEMORANDUM OPINION
Appellee Public Citizen, Inc., has filed a motion to dismiss this interlocutory appeal
as moot. As part of its motion, Public Citizen asked in the alternative that this Court remand for the
limited purpose of allowing Public Citizen to voluntarily dismiss its claims against appellant Texas
Commission on Environmental Quality (TCEQ) in the trial court. TCEQ opposed the motion.
Although it was not apparent that Public Citizen needed permission from this Court to dismiss its
own case, we abated this appeal for thirty days for the sole purpose of allowing Public Citizen
to dismiss its claims against TCEQ in the trial court. See Texas Comm’n on Envtl. Quality v. Public
Citizen, No. 03-10-00296-CV, 2013 Tex. App. LEXIS 8694 (Tex. App.—Austin July 16, 2013)
(mem. op). Public Citizen has filed satisfactory proof of nonsuit in the trial court.
Accordingly, we reinstate this appeal, grant Public Citizen’s motion, and dismiss the
appeal. See Tex. R. App. P. 42.3(a).
__________________________________________
Melissa Goodwin, Justice
Before Justices Rose, Goodwin, and Field
Dismissed as Moot
Filed: August 9, 2013
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