Texas Department of Public Safety v. Timothy Michael Ewing--Appeal from County Court at Law No 3 of Montgomery County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-04-103 CV
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TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant
V.
TIMOTHY MICHAEL EWING, Appellee
On Appeal from the County Court at Law No. 3
Montgomery County, Texas
Trial Cause No. 03-16517
MEMORANDUM OPINION (1)

The Texas Department of Public Safety, appellant, and Timothy Michael Ewing, appellee, filed a joint motion to reverse the trial court's judgment and render a judgment affirming the judgment of the State Office of Administrative Hearings. The joint motion is granted and the appeal is disposed of pursuant to the agreement of the parties presented by joint motion to the Court. Tex. R. App. P. 42.1(a)(2)(A). Accordingly, we reverse the judgment of the trial court and render judgment reinstating the administrative order authorizing the Department of Public Safety to suspend or deny driving privileges to Timothy Michael Ewing for 60 days.

All costs are assessed against the incurring party.

REVERSED AND RENDERED.

PER CURIAM

Opinion Delivered July 1, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.