IN THE TENTH COURT OF APPEALS No. 10-18-00155-CV TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellant v. TROY THOELE, Appellee

From the 12th District Court Walker County, Texas Trial Court No. 1828674

MEMORANDUM OPINION Appellant has filed a “Motion to Dismiss Appeal.” See TEX. R. APP. P. 42.1(a)(1).

Appellee has filed a pro se “Notice of Dismissal and Motion for Abeyance.” The parties explain that this interlocutory appeal is moot because the underlying case has been dismissed in its entirety.

Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. See id. Appellant’s motion to dismiss is therefore granted.

Appellee’s motion for abeyance is denied. This appeal is dismissed.

REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed July 18, 2018 [CV06]

Tex. Dep’t of Crim. Just. v. Thoele Page 2