Michael Wayne Hancock v. Nancy Ann Hancock

• Court: Court of Appeals of Texas
• Decided: December 6, 2018
• Docket: 09-18-00229-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _______________________

NO. 09-18-00229-CV _______________________

MICHAEL WAYNE HANCOCK, Appellant

V.

NANCY ANN HANCOCK, Appellee _______________________________________________________ ______________

On Appeal from the 75th District Court Liberty County, Texas Trial Cause No. CV1712358 ________________________________________________________ _____________

MEMORANDUM OPINION

Michael Wayne Hancock (Hancock) appealed from an order signed on June

22, 2018. Despite written notices from this Court and an opportunity to cure,

Hancock has neither established indigence, nor paid the filing fee in his appeal. See

Tex. R. App. P. 5, 20.1; see also Tex. R. Civ. P. 145. On September 20, 2018, we

notified the parties that the appeal would be dismissed unless Hancock paid the filing

fee. Hancock provided an inmate account statement. On October 12, 2018, we

mailed a copy of the form Statement of Inability to Afford Costs to Hancock and

1 notified him that he must return the properly completed and executed form by

October 26, 2018. On October 31, 2018, we again notified Hancock that he has failed

to comply with the notices of the Court and that on any date after November 15,

2018, his appeal would be dismissed without further notice unless he paid the filing

fee.

The appellant has failed to comply with the notices from the clerk requiring

action within a specified time. See Tex. R. App. P. 42.3(c). Accordingly, the appeal

is dismissed. Tex. R. App. P. 43.2(f).

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on December 5, 2018 Opinion Delivered December 6, 2018

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