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