Wells v. Wells

Wanda Wells appeals from a divorce decree which was entered on January 24, 1978. In lieu of filing a cost bond or making a deposit pursuant to Texas Rule of Civil Procedure 356, appellant filed an affidavit of inability to pay costs of appeal pursuant to Texas Rule of Civil Procedure 355 on February 13, 1978. The pauper’s oath was contested, and, on March 29,1978, the trial court sustained the contest. On March 31, 1978, appellant filed a cash deposit in lieu of an appeal bond. Such filing occurred sixty-six days after the rendition of final judgment, thirty-six days too late. Tex.R.Civ.P.…