In re Marriage of Crosby

Appellant, a pro se prisoner, files this appeal from a decree of divorce. In his first issue on appeal, he argues that the decree should be reversed because he filed an answer before judgment was granted. He cites no authority in support of this proposition. He admits he was given notice of a pretrial hearing date by his then-wife. The record reflects no attempt by appellant to appear at this hearing either by motion for bench warrant or to appeal by alternative means such as affidavit, deposition, telephone or other means. An incarcerated inmate wishing to appear at a hearing must provide the trial court with sufficient information to allow the court to assess the necessity of his appearance. It is the inmate litigant's burden to show the trial court why his presence, either personally or by alternative means, is warranted. This appellant failed to do. His first issue on appeal is overruled. El Paso Court of Appeals, No. 08-09-00203-CV, 07-19-2010