Narrative Opinion Summary
The Court of Appeals for the Seventh District of Texas dismissed an appeal in the matter concerning the marriage of Dustin Wayne Schulze and Katie Diane Schulze, and the interest of their child, J.S. The dismissal was granted following a motion filed by the appellant. The court did not address the merits of the case and acted in accordance with Texas Rule of Appellate Procedure 42.1(a)(1). As a result of the dismissal at the appellant's request, the court will not consider any motion for rehearing, and the mandate will be issued immediately. Chief Justice Brian Quinn presided over the order.
Legal Issues Addressed
Application of Texas Rule of Appellate Procedure 42.1(a)(1)subscribe to see similar legal issues
Application: The court's decision to dismiss the appeal was made in accordance with this rule, which allows an appeal to be dismissed if the parties agree or if the appellant requests.
Reasoning: The court did not address the merits of the case and acted in accordance with Texas Rule of Appellate Procedure 42.1(a)(1).
Dismissal of Appeal by Appellant's Requestsubscribe to see similar legal issues
Application: The court dismissed the appeal after the appellant filed a motion for dismissal, demonstrating adherence to procedural rules that allow for such a request.
Reasoning: The dismissal was granted following a motion filed by the appellant.
Issuance of Mandate Upon Dismissalsubscribe to see similar legal issues
Application: Following the dismissal of the appeal at the request of the appellant, the court directed that the mandate be issued immediately, indicating the conclusion of the appellate process.
Reasoning: As a result of the dismissal at the appellant's request, the court will not consider any motion for rehearing, and the mandate will be issued immediately.