# Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office > Texas Court of Appeals, 3rd District (Austin) · December 18, 2015 URL: https://www.frixlaw.com/law-library/cases/4076203 ## Case - **Court:** Texas Court of Appeals, 3rd District (Austin) - **Decided:** December 18, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4076203 ## Opinion text ACCEPTED 03-15-00285-CV 8308433 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/18/2015 3:30:40 PM JEFFREY D. KYLE CLERK NO. 03-15-00285-CV FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS12/18/2015 3:30:40 PM AT AUSTIN, TEXAS JEFFREY D. KYLE Clerk 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. 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. XXX-XX-XXXX.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. 2 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. 3 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 4 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 J. Bruce Bennett kimberly.fuchs@texasattorneygeneral.gov jbb.chblaw@sbcglobal.net Assistant Attorney General Cardwell, Hart & Bennett, LLP Texas Attorney General’s Office 807 Brazos, Suite 1001 P.O. Box 12548 Austin, Texas 78701 Austin, Texas 78711-2548 Joseph W. Letzer Counsel for Defendants Michael J. jletzer@burr.com O’Malley and Penny A. Wilkov Burr & Forman, LLP 420 20th Street N., Suite 3400 Dennis McKinney Birmingham, AL 35203 dennis.mckinney@texasattorneygeneral.gov Assistant Attorney General Counsel for Intervenors Ricardo M. Texas Attorney General’s Office Weitz, P.O. Box 12548 Hi Tech Imports North, LLC, Hi Austin, Texas 78711-2548 Tech Imports South, LLC and Hi Tech Imports, Counsel for Defendant John Walker III 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 5 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4076203. Public record. Not legal advice.