RODNEY WAYNE HICKS v. TEXAS BOARD OF NURSING AND IN THEIR OFFICIAL CAPACITIES ONLY KATHERINE THOMAS EXECUTIVE DIRECTOR AND KRISTIN BENTON PRESIDENT OF THE BOARD (2017)

MEMORANDUM OPINION

Memorandum Opinion by Justice Hinojosa

Appellant filed an appeal from a judgment entered by the 353rd District Court of Travis County, Texas, in cause number D-1-GN-12-003118.¹ Appellant has filed a motion to dismiss the appeal. The certificate of conference reflects that appellees are not opposed to the motion.

The Court, having considered the documents on file and appellant's unopposed motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED. There being no agreement in the motion regarding costs, pursuant to Rule 42.1(d) of the Texas Rules of Appellate Procedure, all costs are taxed against appellant. See TEX. R. APP. P. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the appellant.”). Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

FOOTNOTES

1.   This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2015 R.S.).

LETICIA HINOJOSA Justice