Green v. Harris Cty. D.A.'S Office

Full title: ANTHONY RAY GREEN, Appellant v. HARRIS COUNTY DISTRICT ATTORNEY'S OFFICE…

Court: Court of Appeals of Texas, First District, Houston

Date published: Jun 11, 2009

No. 01-07-00917-CV (Tex. App. Jun. 11, 2009)

Opinion

No. 01-07-00917-CV

Opinion June 11, 2009.

On Appeal from the 295th District Court, Harris County, Texas, Trial Court Cause No. 2007-36758.

Panel consists of Justices BLAND, SHARP, and TAFT.¹

1 Justice Tim Taft, who retired from the First Court of Appeals on June 1, 2009, continues to sit by assignment for the disposition of this case, which was submitted on April 6, 2009.

MEMORANDUM OPINION

JIM SHARP, Justice.

Appellant Anthony Ray Green filed a petition for expunction of his criminal records. See TEX. CODE CRIM. PROC. ANN. art. 55.02 (Vernon Supp. 2008). The Harris County District Attorney's Office, County Clerk of Harris County, and Sheriff of Harris County filed answers to the expunction petition. The Harris County District Attorney's Office filed a motion to dismiss the lawsuit as frivolous and a motion for summary judgment. See TEX. CIV. PRAC. REM. CODE ANN. §§ 14.001-.014 (Vernon 2002) (inmate litigation). The trial court granted the Harris County District Attorney's Office's motion for summary judgment and the motion to dismiss the lawsuit as frivolous.

Green's appeal challenges the summary judgment but not the dismissal based on Civil Practice and Remedies Code chapter 14. Accordingly, we do not reach Green's contention that the trial court erred in rendering summary judgment because Green has not challenged the chapter 14 dismissal.

We affirm the trial court's judgment.