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Johnnie Paul Rivers v. Ms. Gia M. Williams
10-15-00418-CV
| Tex. App. | Dec 10, 2015
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Background

  • Rivers, a prison inmate, filed suit against Gia M. Williams and others.
  • The trial court dismissed the suit as frivolous under Chapter 14 of the Texas Civil Practice and Remedies Code.
  • Chapter 14 requires an affidavit or declaration relating to previous filings and a certified copy of the inmate's trust account statement.
  • Failure to file these Chapter 14 documents can result in immediate dismissal, even if curable in other contexts.
  • Rivers did not file the required affidavit related to previous filings or the inmate account statement.
  • The appellate court affirmed the dismissal, holding the appeal frivolous.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the dismissal for failure to file Chapter 14 materials was proper Rivers did not comply with Chapter 14 requirements Williams contends dismissal is proper due to noncompliance with Chapter 14 Dismissed as frivolous

Key Cases Cited

  • Douglas v. Turner, 441 S.W.3d 337 (Tex. App.—Waco 2013) (chapter 14 procedures apply to inmate appeals)
  • McLean v. Livingston, 456 S.W.3d 358 (Tex. App.—Waco 2015) (failure to file Chapter 14 materials can warrant dismissal)
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Case Details

Case Name: Johnnie Paul Rivers v. Ms. Gia M. Williams
Court Name: Court of Appeals of Texas
Date Published: Dec 10, 2015
Docket Number: 10-15-00418-CV
Court Abbreviation: Tex. App.