---

14 Am. Tribal Law 16 (Mem)
Fort Peck Court of Appeals.
In the Matter of Frances WEEKS, Petitioner/Appellee,
v.
James COMBS, Jr., Respondent/Appellant.
CAUSE NO. AP #730
|
FILED March 27, 2017

Opinion

ORDER DISMISSING APPEAL
Maylinn Smith, Chief Justice

Background

This matter came before the Fort Peck Appellate Court on a Notice of Appeal filed October 17, 2016 by James Combs, Jr. challenging the October 6, 2016 Order of the lower court whereby custody of the parties’ minor child was awarded to the Appellee. Appellant Combs appealed the lower court’s custody determination.

On January 18, 2017, Appellee Frances Weeks filed an affidavit requesting dismissal of the appeal. On January 19, 2017, Appellant James Combs, Jr. also files an affidavit requesting dismissal of his appeal. Both parties indicate in their affidavits that the custody issues raised in the appeal have been satisfactorily resolved by the parties.

The issues raised by the appeal are now moot. An appellant may request dismiss of her or his appeal at any point prior to issuance of an appellate opinion. Both the Appellant’s and Appellee’s affidavits request dismissal of this appeal, making these affidavits the equivalent of a stipulated motion to dismiss. Based on the information currently in the record, this Court GRANTS Appellant’s request to dismiss his appeal of the lower court’s custody decision.

SO ORDERED.

All Citations
14 Am. Tribal Law 16 (Mem)