Richard A. Dunsmore v. Vickie Barrow, 14-15-00572-CV

Appellant Richard Dunsmore, an inmate, appealed a final judgment entered June 17, 2015, and timely filed a notice of appeal on July 2, 2015.
Dunsmore submitted an affidavit asserting inability to pay appellate costs but did not file the separate affidavit/statements required by Tex. Civ. Prac. & Rem. Code § 14.004(a) detailing prior pro se suits.
Chapter 14 (as amended effective Jan. 1, 2012) requires inmates who claim indigence on appeal to list and describe prior pro se suits in a separate affidavit when seeking to proceed without costs.
The Fourteenth Court of Appeals notified Dunsmore that it intended to dismiss the appeal for noncompliance with Chapter 14 and gave him an opportunity to cure his failure by a set deadline.
Dunsmore’s response failed to provide the required identification and operative-fact descriptions of prior pro se actions.
Because Dunsmore did not comply with Chapter 14’s appellate requirements, the court dismissed his appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Dunsmore satisfied Chapter 14’s affidavit requirements on appeal	Dunsmore filed an affidavit of indigence and thus can proceed without costs	Appellees (and court) argued he failed to file the separate affidavit describing prior pro se suits as §14.004(a) requires	Dunsmore did not comply with §14.004(a); appeal dismissed

Douglas v. Moffett, 418 S.W.3d 336 (Tex. App.—Houston [14th Dist.] 2013) (Chapter 14 requirements apply to appeals and original proceedings in appellate courts)