Larry Michael Francis v. TDCJ-CID Publication Reviewer ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-08-203 CV ____________________

LARRY MICHAEL FRANCIS, Appellant

V.

TDCJ-CID PUBLICATION REVIEWER, ET AL., Appellees

---

On Appeal from the 278th District Court Walker County, Texas Trial Cause No. 24129 ⁽¹⁾

---

MEMORANDUM OPINION  

On May 8, 2008, we notified the parties that it appeared this court lacked jurisdiction over the appeal. The appellant, Larry Michael Francis, filed a response in which he acknowledged that the appeal was from a case in the 278th District Court located in the Tenth Court of Appeals District. Francis requests that this appeal be dismissed, as he has perfected appeal to the proper court. The request is voluntarily made by the appellant prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1). No other party filed notice of appeal. The appeal is dismissed.

APPEAL DISMISSED.

__________________________________

CHARLES KREGER

Justice

Opinion Delivered June 26, 2008

Before McKeithen, C.J., Gaultney and Kreger, JJ.  

1. The notice of appeal filed by Francis mentions Cause No. 103,629 out of the County Court of Jefferson County at Law No. 1. However, on examination of the lengthy notice of appeal, it is apparent that Francis seeks to appeal only the judgment of the Walker County District Court.