JOHN STRITZINGER v. CHRISTINA TRUST DIVISION OF WILMINGTON SAVINGS FUND SOCIETY FSB NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST (2016)

MEMORANDUM OPINION

Opinion by Chief Justice Wright

On October 18, 2016, appellant filed copies of his first amended notice of interlocutory appeal filed in the Third Court of Appeals and a copy of his request for transfer from the Third Court of Appeals to this Court. On October 21, 2016, this Court referred appellant's request to transfer to the Supreme Court of Texas for decision and abated the appeal pending disposition of the motion to transfer by the Supreme Court of Texas. On October 24, 2016, the Supreme Court of Texas denied appellant's request to transfer. As a result, we are without jurisdiction over this appeal.

Accordingly, we lift the October 21, 2016 abatement, reinstate the appeal, dismiss this appeal for want of jurisdiction, and deny as moot appellant's October 18, 2016 and October 24, 2016 motions for emergency stay and appellant's October 18, 2016 request to waive fees.

JUDGMENT

In accordance with this Court's opinion of this date, the October 21, 2016 abatement is LIFTED, this appeal is REINSTATED and is DISMISSED for want of jurisdiction, and appellant's October 18, 2016 and October 24, 2016 motions for emergency stay and appellant's October 18, 2016 request to waive fees are DENIED AS MOOT.

It is ORDERED that appellee CHRISTINA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB NOT IN ITS INDIVIDUAL CAPACITY, BUT AS TRUSTEE OF ARLP TRUST 5 recover its costs of this appeal from appellant JOHN S. STRITZINGER.

CAROLYN WRIGHT CHIEF JUSTICE