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Garrett v. Borden

Court of Appeals of Texas, Seventh District, Amarillo, Panel A
May 29, 2008
No. 07-07-0163-CV (Tex. App. May. 29, 2008)

Opinion

No. 07-07-0163-CV

May 29, 2008.

Appeal from 47th District Court of Potter County; No. 94,198-A; Honorable Hal Miner, Judge.

Before CAMPBELL and HANCOCK and PIRTLE, JJ.


DISSENTING OPINION

An inmate who files a claim that is subject to the grievance system established under Section 501.008 of the Texas Government Code is required to file with the trial court a copy of the written decision from the grievance system. See Tex. Civ. Prac. Rem. Code Ann. § 14.005(a)(2) (Vernon 2006). Appellees contend Appellant failed to comply with this statutory requirement because he did not attach "actual copies" of the grievances. See Garrett v. Glenn, No. 07-06-0171-CV, 2006 WL 2639378 (Tex.App.-Amarillo Sept. 14, 2006, rev. denied) (mem. op.) The majority finds that a verbatim, albeit hand-typed, reproduction of the original written decision from the grievance system is not a copy. I respectfully disagree.

Appellant filed a separate document attesting to the truthfulness of these documents. Appellees have not contested that affidavit nor raised a question as to the accuracy thereof.


Summaries of

Garrett v. Borden

Court of Appeals of Texas, Seventh District, Amarillo, Panel A
May 29, 2008
No. 07-07-0163-CV (Tex. App. May. 29, 2008)
Case details for

Garrett v. Borden

Case Details

Full title:MICHAEL LOU GARRETT, APPELLANT v. JACK M. BORDEN, ET AL., APPELLEES

Court:Court of Appeals of Texas, Seventh District, Amarillo, Panel A

Date published: May 29, 2008

Citations

No. 07-07-0163-CV (Tex. App. May. 29, 2008)