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in Re Texas Alcoholic Beverage Commission

Citation: Not availableDocket: 03-08-00572-CV

Court: Court of Appeals of Texas; April 22, 2009; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Texas Court of Appeals, Third District, has addressed multiple appeals involving the Texas Alcoholic Beverage Commission (TABC) and the private parties Green Star, Inc. and The Silver City Club. The appeals numbered 03-08-00538-CV, 03-08-00572-CV, 03-08-00616-CV, and 03-08-00673-CV were all filed from the District Court of Travis County. The private parties submitted an unopposed motion to dismiss their appeal in cause number 03-08-00673-CV on March 27, 2009. Subsequently, the State parties filed a contingent motion to dismiss on April 7, 2009, which was dependent on the dismissal of the private parties' appeal. The court granted the motions and dismissed all four appeals, with the decision recorded in a memorandum opinion issued by Justice David Puryear, alongside Chief Justice Jones and Justice Henson, on April 22, 2009.

Legal Issues Addressed

Authority of Appellate Courts to Dismiss Appeals

Application: The Texas Court of Appeals exercised its authority to dismiss multiple appeals upon receiving motions from the involved parties, demonstrating the court's discretion in managing its docket.

Reasoning: The court granted the motions and dismissed all four appeals, with the decision recorded in a memorandum opinion issued by Justice David Puryear, alongside Chief Justice Jones and Justice Henson, on April 22, 2009.

Motion to Dismiss in Appellate Proceedings

Application: In this case, the court considered unopposed and contingent motions to dismiss appeals filed by both private and state parties, ultimately granting these motions.

Reasoning: The private parties submitted an unopposed motion to dismiss their appeal in cause number 03-08-00673-CV on March 27, 2009. Subsequently, the State parties filed a contingent motion to dismiss on April 7, 2009, which was dependent on the dismissal of the private parties' appeal.