IN RE: t he Marriage of David Wayne Hutchins and Teresa Lynn Hutchins From the 77th District Court Freestone County (2010)

Court of Appeals of Texas, Waco.

IN RE: t he 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.  SeeTex. 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.  SeeTex.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.

No. 10-10-00413-CV

Decided: December 22, 2010

Before Chief Justice Gray, Justice Reyna, and Justice Davis