In the Matter of the Marriage of Lisa Fergason Springer and Michael David Springer--Appeal from County Court at Law No 2 of Johnson County

Annotate this Case

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00040-CV

In the Matter of

the Marriage of

Lisa Fergason Springer

and

Michael David Springer

 

 

From the County Court at Law No. 2

Johnson County, Texas

Trial Court No. D200500062

MEMORANDUM Opinion

 

In 2006, this Court dismissed Michael David Springer s appeal for failure to pay fees. See In re Springer, No. 10-06-00040-CV, 2006 Tex. App. LEXIS 2198 (Tex. App. Waco 2006). The Texas Supreme Court reversed that decision and remanded the appeal for further consideration. See Springer v. Springer, 240 S.W.3d 871 (Tex. 2007).

Since the appeal was remanded, we have not had any contact from Springer and have not been able to successfully contact him. The reporter s record was filed on May 21, 2008. The copy of the record sent to Springer by the reporter has been returned to the reporter because Springer was not known at the address the reporter was provided. By letter dated June 4, 2008, the Clerk of this Court notified Springer that unless he contacted the Court, in writing, within 30 days from the date of the letter, and provided the Court with a correct, current address through which the Court could effectively communicate with Springer, his appeal would be dismissed for want of prosecution. See Tex. R. App. P. 42.3(b). Because we had not been contacted by Springer in response to our prior correspondence and because we were unsure of whether any of the addresses we had was a current address for him, this notice was sent to Springer at every address we had for him, including his former prison addresses and the Montgomery County Jail, the county in which his last known residence is located. A copy of this letter was also sent to Springer addressed to his mother at her last known address. The letters sent to Springer at all the known addresses, except his mother s address, were returned.

More than 30 days have passed and we have had no contact from Springer. Accordingly, this appeal is dismissed.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed July 16, 2008

[CV06]

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