Texas Alcoholic Beverage Commission v. New Millennium Restaurant Group Inc. d/b/a Sports City Cafe Appeal from 68th Judicial District Court of Dallas County (memorandum opinion)

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Dismissed and Opinion Filed June 16, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00117-CV TEXAS ALCOHOLIC BEVERAGE COMMISSION, Appellant V. NEW MILLENNIUM RESTAURANT GROUP INC. D/B/A SPORTS CITY CAFE, Appellee On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-16507 MEMORANDUM OPINION Before Justices Fillmore, Whitehill, and Boatright Opinion by Justice Whitehill Before the Court is appellant’s June 13, 2017 unopposed motion to dismiss appeal. Appellant seeks voluntary dismissal of the appeal, stating that due to recent legislative changes, the Commission no longer wishes to pursue the appeal. Accordingly, we grant appellant’s motion and dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1). /Bill Whitehill/ BILL WHITEHILL JUSTICE 170117F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT TEXAS ALCOHOLIC BEVERAGE COMMISSION, Appellant No. 05-17-00117-CV On Appeal from the 68th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-16-16507. Opinion delivered by Justice Whitehill. Justices Fillmore and Boatright participating. V. NEW MILLENNIUM RESTAURANT GROUP INC. D/B/A SPORTS CITY CAFE, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee New Millennium Restaurant Group Inc. d/b/a Sports City Cafe recover its costs, if any, of this appeal from appellant Texas Alcoholic Beverage Commission. Judgment entered June 16, 2017. –2–