Narrative Opinion Summary
Volkswagen Group of America, Inc. and Audi of America, Inc. request the Third Court of Appeals in Austin, Texas, to dismiss their appeal against John Walker III, Chairman of the Texas Department of Motor Vehicles Board, and two Administrative Law Judges. The appeal was perfected on May 8, 2015, and the appellees do not oppose the motion. The underlying dispute, involving Budget Leasing, Inc. and various intervenors against Volkswagen and Porsche Cars North America, has been resolved through an agreement, thereby settling the issues at stake in this appeal. The appellants seek dismissal under Tex. R. App. P. 42.1(a)(1), with each party responsible for its own legal fees and costs. Counsel for both sides have agreed to the motion, and proper service of the motion has been certified.
Legal Issues Addressed
Agreement on Legal Fees and Costssubscribe to see similar legal issues
Application: Both parties agreed that each will bear its own legal fees and costs associated with the appeal.
Reasoning: The appellants seek dismissal under Tex. R. App. P. 42.1(a)(1), with each party responsible for its own legal fees and costs.
Certification of Motion Servicesubscribe to see similar legal issues
Application: Proper procedural steps were followed as counsel for both sides certified the service of the motion to dismiss.
Reasoning: Counsel for both sides have agreed to the motion, and proper service of the motion has been certified.
Motion to Dismiss Appeal under Tex. R. App. P. 42.1(a)(1)subscribe to see similar legal issues
Application: The appellants, Volkswagen Group of America, Inc. and Audi of America, Inc., requested the dismissal of their appeal following a settlement of the underlying dispute.
Reasoning: The appellants seek dismissal under Tex. R. App. P. 42.1(a)(1), with each party responsible for its own legal fees and costs.
Non-Opposition to Motion to Dismisssubscribe to see similar legal issues
Application: The appellees did not oppose the motion to dismiss the appeal, indicating mutual consent to the resolution.
Reasoning: The appellees do not oppose the motion.
Settlement of Underlying Disputesubscribe to see similar legal issues
Application: The appeal was rendered moot as the issues were resolved through an agreement between the involved parties, including Budget Leasing, Inc. and various intervenors.
Reasoning: The underlying dispute, involving Budget Leasing, Inc. and various intervenors against Volkswagen and Porsche Cars North America, has been resolved through an agreement, thereby settling the issues at stake in this appeal.