Barry S. Winkle v. Mark I. Hefter, Receiver and Scott Hamilton--Appeal from County Court at Law No. 1 of Travis County (majority)

Annotate this Case
Download PDF
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-12-00226-CV Barry S. Winkle, Appellant v. Mark I. Hefter, Receiver and Scott Hamilton, Appellees FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY NO. C-1-CV-05-287707, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING MEMORANDUM OPINION Appellant Barry S. Winkle filed a notice of appeal complaining of the trial court s orders in a turnover proceeding conducted while he was incarcerated. Beginning in May 2012, attempts to mail notices to appellant were returned with notations that he had been paroled and that the mail could not be forwarded.1 To date, appellant has not contacted this Court to provide his new address or to inquire into the status of the appeal. We therefore dismiss the appeal for want of prosecution. Tex. R. App. P. 42.3(b). 1 We sent notices in May, August, and October 2012, (1) providing appellant with a copy of the notice to the court reporter that the record was overdue, (2) informing him that the reporter s record had not been filed because he had not paid for or made arrangements to pay for it, and (3) informing him that his brief was overdue and that his failure to respond could result in the dismissal of the appeal. __________________________________________ David Puryear, Justice Before Justices Puryear, Pemberton and Rose Dismissed for Want of Prosecution Filed: January 18, 2013 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.