NO. 03-15-00285-CV

 

IN THE COURT OF APPEALS

FOR THE THIRD DISTRICT OF TEXAS

AT AUSTIN, TEXAS

 

VOLKSWAGEN GROUP OF AMERICA, INC.

AND AUDI OF AMERICA, INC.

Appellants,

v.

JOHN WALKER III, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF 

THE TEXAS DEPARTMENT OF MOTOR VEHICLES BOARD, AND THE 

HONORABLE MICHAEL J. O’MALLEY AND THE HONORABLE 

PENNY A. WILKOV, IN THEIR OFFICIAL CAPACITIES AS 

ADMINISTRATIVE LAW JUDGES FOR THE STATE OFFICE OF 

ADMINISTRATIVE HEARINGS,

Appellees.

 

On Appeal From the 201st District Court Travis County, Texas

Trial Court Cause No. D-1-GN-15-001186

Honorable Amy Clark Meachum, Presiding Judge

 

MOTION TO DISMISS APPEAL

TO THE HONORABLE THIRD COURT OF APPEALS:

1. Appellants ask the Court to dismiss this appeal.

ACCEPTED

03-15-00285-CV

8308433

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/18/2015 3:30:40 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/18/2015 3:30:40 PM JEFFREY D. KYLE Clerk
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2. Appellants are Volkswagen Group of America, Inc. and Audi of 

America, Inc. Appellees are John Walker III, in his official capacity as Chairman 

of the Texas Department of Motor Vehicles Board and the Honorable Michael J. 

O’Malley and the Honorable Penny A. Wilkov, in their official capacities as 

Administrative Law Judges for the State Office of Administrative Hearings.

3. Appellants perfected this appeal on May 8, 2015, by filing a Notice of 

Appeal. Appellees do not seek relief in this appeal and do not oppose this motion.

4. Appellants are the only parties seeking relief in this appeal.

5. The Court has authority under Tex. R. App. P. 42.1(a)(1) to grant this 

Motion to Dismiss.

6. The Parties in the underlying administrative action styled Budget 

Leasing, Inc. d/b/a Audi North Austin and Audi South Austin, Protestant, Ricardo 

M. Weitz, Hi Tech Imports North, LLC, Hi Tech Imports South, LLC and Hi Tech 

Imports, LLC, Intervenors and Volkswagen Group of America, Inc. and Porsche 

Cars North America, Inc., Respondents, SOAH Docket No. 608-13-4599.LIC, 

MVD Docket No. 13-0008 LIC have reached an agreement resolving their 

differences in that protest before the Texas Department of Motor Vehicles, Motor 

Vehicle Division. Resolution of the administrative action settles the matters at 

issue in this appeal.
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7. Appellants ask the Court to render judgment dismissing this appeal 

pursuant to Tex. R. App. P. 42.1(a)(1), with each party bearing its own attorneys' 

fees, expenses and costs.

Respectfully submitted,

BAKER & HOSTETLER LLP

/s/ Billy M. Donley

Billy M. Donley

State Bar No. 05977085

Mark E. Smith

State Bar No. 24070639

811 Main Street, Suite 1100

Houston, Texas 77002

(713) 751-1600 (Telephone)

(713) 751-1717 (Facsimile)

bdonley@bakerlaw.com

mesmith@bakerlaw.com

COUNSEL FOR PLAINTIFFS 

VOLKSWAGEN GROUP OF AMERICA, 

INC. AND AUDI OF AMERICA, INC.
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CERTIFICATE OF CONFERENCE

As required by TEX. R. APP. P. 10.1, Appellants’ counsel conferred with 

Appellees’ counsel regarding this Motion to Dismiss. Dennis McKinney, counsel 

for Appellee John Walker III, Kimberly Fuchs, Counsel for Appellees Michael J. 

O’Malley and Penn A. Wilkov, Dent M. Morton, counsel for Appellees Ricardo M. 

Weitz; Hi Tech Imports North, LLC; Hi Tech Imports, South, LLC; and Hi Tech 

Imports, LLC, and William R. Crocker, counsel for Intervenor Budget Leasing, 

Inc. all indicated that their clients were unopposed. 

/s/ Billy M. Donley

 Billy M. Donley
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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Motion to Dismiss Appeal 

has been served in accordance with the Texas Rules of Appellate Procedure on the 

counsel of record listed below on this the 18th day of December, 2015.

Kimberly Fuchs

kimberly.fuchs@texasattorneygeneral.gov

Assistant Attorney General

Texas Attorney General’s Office

P.O. Box 12548

Austin, Texas 78711-2548

Counsel for Defendants Michael J. 

O’Malley and Penny A. Wilkov

Dennis McKinney

dennis.mckinney@texasattorneygeneral.gov

Assistant Attorney General

Texas Attorney General’s Office

P.O. Box 12548

Austin, Texas 78711-2548

Counsel for Defendant John Walker III

J. Bruce Bennett

jbb.chblaw@sbcglobal.net

Cardwell, Hart & Bennett, LLP

807 Brazos, Suite 1001

Austin, Texas 78701

Joseph W. Letzer

jletzer@burr.com

Burr & Forman, LLP

420 20th Street N., Suite 3400

Birmingham, AL 35203

Counsel for Intervenors Ricardo M. 

Weitz,

Hi Tech Imports North, LLC, Hi 

Tech Imports

South, LLC and Hi Tech Imports, 

LLC

Wm. R. Crocker

crockerlaw@earthlink.net

807 Brazos, Ste. 1014

Austin, Texas 78701

Counsel for Intervenor Budget 

Leasing, Inc.

/s/ Billy M. Donley Billy M. Donley