Neal Loeppky v. Elizabeth Klassen Loeppky

Opinion filed November 3, 2016

In The

Eleventh Court of Appeals ___________

No. 11-16-00224-CV ___________

NEAL LOEPPKY, Appellant

V.

ELIZABETH KLASSEN LOEPPKY, Appellee

On Appeal from the 106th District Court Gaines County, Texas

Trial Court Cause No. 13-05-16615

MEMORANDUM OPINION

In response to this court’s October 20, 2016 letter in which we questioned the jurisdiction of this court over the matter presented in this appeal, Appellant has filed a motion to dismiss the appeal. Appellant agrees that this court does not have jurisdiction to consider this matter in a direct appeal. We note that Appellant has now filed a petition for writ of habeas corpus in our Cause No. 11-16-00322-CV to address the matter that he originally attempted to raise by way of appeal. As a result, Appellant states that there is no need to maintain this appeal, and he requests that we dismiss it. In accordance with Appellant’s request, we dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1).

The motion to dismiss is granted, and the appeal is dismissed.

PER CURIAM

November 3, 2016

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.