in the Matter of the Marriage of David Wayne Hutchins and Teresa Lynn Hutchins ( 2010 )

IN THE
TENTH COURT OF APPEALS
No. 10-10-00413-CV
IN THE MATTER OF
THE MARRIAGE OF
DAVID WAYNE HUTCHINS
AND
TERESA LYNN HUTCHINS
From the 77th District Court
Freestone County, Texas
Trial Court No. 10-298A
MEMORANDUM OPINION
David Wayne Hutchins is in prison and filed for a divorce in the county where
he is incarcerated. The trial court dismissed Hutchins’s petition for divorce because
Hutchins is not a resident of the county. See TEX. FAM. CODE ANN. § 6.301 (West 2006).
We affirm.
Hutchins has not paid the filing fee in this appeal but a motion to proceed as a
pauper has been filed. The court reporter and the trial court clerk have not yet been
presented with the opportunity to contest the motion. Briefs have not yet been filed.
We have reviewed the record and have determined that we could wrestle with this
appeal for another three to four months before affirming it. However, for the purpose
of expediting the disposition of this appeal, we suspend operation of the Rules of
Appellate Procedure under Rule 2 of those rules and proceed to a disposition of this
appeal. See TEX. R. APP. P. 2.
In response to questions proposed by the trial court after Hutchins filed his
divorce petition, Hutchins expressed no interest in remaining in Freestone County, the
county of his imprisonment, once he is released from prison. The trial court does not
abuse its discretion in dismissing a petition for divorce when an inmate expresses no
intent to remain in the county of his imprisonment after his release. Gonzales v.
Gonzales, No. 12-03-00225-CV, 2003 Tex. App. LEXIS 10774 (Tex. App.—Tyler Dec. 23,
2003, no pet.) (mem. op.); see In re Marriage of Harvey, No. 10-05-00235-CV, 2005 Tex.
App. LEXIS 4452 (Tex. App.—Waco June 8, 2005, no pet.). Accordingly, we affirm the
judgment of the trial court.
Absent a specific exemption, the Clerk of the Court must collect filing fees at the
time a document is presented for filing. TEX. R. APP. P. 12.1(b); Appendix to TEX. R. APP.
P., Order Regarding Fees (Amended Aug. 28, 2007, eff. Sept. 1, 2007). See also TEX. R.
APP. P. 5; 10TH TEX. APP. (WACO) LOC. R. 5; TEX. GOV’T CODE ANN. § 51.207(b); §
51.941(a) (West 2005); and § 51.208 (West 2009). Under these circumstances, we
suspend the rule and order the Clerk to write off all unpaid filing fees in this case. TEX.
R. APP. P. 2. The write-off of the fees from the accounts receivable of the Court in no
way eliminates or reduces the fees owed by Hutchins.
TOM GRAY
Chief Justice
In the Mattter of the Marriage of Hutchins Page 2
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Affirmed
Opinion delivered and filed December 22, 2010
[CV06]
In the Mattter of the Marriage of Hutchins Page 3