William F. Hopkins v. Leslie C. Norwood

Opinion

DISMISS and Opinion Filed October 16, 2018

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-00604-CV

WILLIAM F. HOPKINS, Appellant V.

LESLIE C. NORWOOD, Appellee

On Appeal from the 417th Judicial District Court Collin County, Texas

Trial Court Cause No. 417-55952-2017

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright The filing fee and docketing statement in this case are overdue. By postcards dated May

23, 2018 and July 27, 2018, we notified appellant the filing fee and docketing statement were past due. We directed appellant to remit the filing fee and file the docketing statements within ten days and expressly cautioned appellant that failure to do so would result in dismissal of the appeal.

Also by letter dated August 27, 2018, we directed appellant to file documentation to enable this Court to determine our jurisdiction over this appeal. Specifically, appellant seeks to appeal a protective order that was rendered while a suit for divorce was pending. Thus, we directed appellant to file documentation showing whether a final decree for divorce had been entered. See TEX. FAM. CODE ANN. § 81.009 (West 2014) (protective order rendered against a party in a suit for dissolution of a marriage may not be appealed until the time the final decree of dissolution of

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the marriage becomes a final, appealable order). We expressly cautioned appellant failure to file the requested documentation, within five days of the date of our letter, would result in dismissal of his appeal without further notice.

To date appellant has not remitted a filing fee, filed a docketing statement, or responded to our request for documentation regarding the status of the divorce. Accordingly, we dismiss this appeal. See TEX. R. APP. 42.3 (b), (c).

/Carolyn Wright/

CAROLYN WRIGHT

CHIEF JUSTICE

180604F.P05

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S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

WILLIAM F. HOPKINS, Appellant On Appeal from the 417th Judicial District Court, Collin County, Texas No. 05-18-00604-CV V. Trial Court Cause No. 417-55952-2017.

Opinion delivered by Chief Justice Wright.

LESLIE C. NORWOOD, Appellee Justices Evans and Brown participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee LESLIE C. NORWOOD recover her costs of this appeal from appellant WILLIAM F. HOPKINS.

Judgment entered October 16, 2018.