Bobby Wayne O'Neal v. Texas Department of Public Safety

IN THE TENTH COURT OF APPEALS No. 10-07-00334-CV Bobby Wayne O'Neal, Appellant v. Texas Department of Public Safety, Appellee From the County Court at Law No. 2 McLennan County, Texas Trial Court No. 2007-1772-CV2 MEMORANDUM Opinion Appellant has filed a “Motion to Dismiss Appeal,” stating that he no longer wishes to pursue this appeal. Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. The motion to dismiss is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1). REX D. DAVIS Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed March 4, 2009 [CV06] g additional briefing on remand is a futile exercise which unnecessarily burdens the parties and constitutes an unnecessary expenditure of scarce judicial resources. See In re Nabelek, 200 S.W.3d 364, 366 (Tex. App.—Waco 2006, orig. proceeding) (Gray, C.J., dissenting) (“If every fact alleged by Nabelek is true, requesting a response to this petition for a writ of mandamus is a waste of the collective resources of this Court, the State judicial system, the taxpayers of this State, and ultimately infringes on the rights of parties who properly have matters pending before this Court that need a resolution.”); see also Bell v. State, 956 S.W.2d 560, 561 (Tex. Crim. App. 1997) (briefing on remand unnecessary for issue already briefed by parties). Because the majority insists on pursuing this course, I respectfully dissent. FELIPE REYNA Justice Dissenting opinion delivered and filed April 8, 2009 Publish