Sterling Truck Corp. and Ford Motor Co. vs. TxDOT

Having determined to remand this cause based on the effect of the error of law regarding the determination that Ford had good cause to terminate Metro's franchise, we will not review appellants' remaining issues on appeal regarding the support for the findings of violations and the assessment of a civil penalty. Although Ford requests that we reject the Board's holdings supporting the assessment of the civil penalty and render judgment in Ford's favor, we are not authorized in this type of case to render a judgment that we believe the agency should have rendered if, by doing so, we would usurp the agency's authority. See Tex. Gov't Code Ann. § 2001.174; Butnaru, 157 S.W.3d at 149; Pantera, 150 S.W.3d at 474 n.9; GTE-SW, 833 S.W.2d at 175; Consumers Water, 774 S.W.2d at 722; see also Marrs, 177 S.W.2d at 950. On the record presented, we believe that rendering judgment in favor of Ford would be an unwarranted intrusion on the agency's authority. We need not consider the remaining issues because their resolution would not alter our disposition of this cause. See Tex. R. App. P. 47.1.
We reverse the Board's order assessing civil penalties against Ford and Sterling in this cause and remand the cause to the Director of the Motor Vehicle Division of the Texas Department of Transportation for reconsideration of this matter in light of a correct application of this Court's holdings in Metro I and further proceedings consistent with this opinion.

Sterling Truck Corp and Ford Motor Co. v. Motor Vehicle Board (Tex.App.- Austin, 2008)( No.
Sterling Truck Corporation and Ford Motor Company v. Motor Vehicle Board of the Texas Department of Transportation and Metro Ford Truck Sales, Inc.--Appeal from of County