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Light v. Womack

Court of Appeals of Texas, Ninth District, Beaumont
Aug 26, 2004
No. 09-04-087 CV (Tex. App. Aug. 26, 2004)

Opinion

No. 09-04-087 CV

Submitted on July 14, 2004.

Opinion Delivered August 26, 2004.

On Appeal from the 258th District Court, Polk County, Texas, Trial Cause No. 21,028.

Cameron Light, Livingston, TX, pro se.

Greg Abbott, Attorney General of Texas, Austin, TX, and Elizabeth A. Salinas, Assistant Attorney General of Texas, Austin, TX, for amicus curiae.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.


MEMORANDUM OPINION


Cameron Light, an inmate in the Texas Department of Criminal Justice, Institutional Division, filed a negligence suit against Institutional Division employees Edward Womack and Carsidonia LaPaglia. Light alleged that he sustained a whiplash injury when a newly installed water heater toppled on him, and that the defendants were negligent in their supervision of the heater's installation and in their maintenance of the safety of the boiler room in which Light worked. Light also alleged that he sustained economic injuries in the form of an ambulance bill and a commissary account charge by the Department for the cost of a new water tank. Without prior notice, the trial court dismissed the suit for failure to file an affidavit of previous filings. Light appealed that dismissal. We reformed the judgment below to provide the cause was dismissed without prejudice and, as reformed, affirmed the court's decision. See Light v. Womack, 113 S.W.3d 872 (Tex. App.-Beaumont 2003, no pet.). Light again filed suit and again the trial court dismissed it, "as frivolous pursuant to Chapter Fourteen of the Texas Civil Practice and Remedies Code." See Tex. Civ. Prac. Rem. Code Ann. §§ 14.001-.014 (Vernon 2002).

The record reflects Light has not complied with section 14.005(a)(2), requiring the inmate to file "a copy of the written decision from the grievance system." Tex. Civ. Prac. Rem. Code Ann. § 14.005(a)(2) (Vernon 2002). Light's unsworn declaration provides that he received a copy of the "Step Two Grievance answer" by hand delivery on February 26, 2003. Accordingly, we hold the trial court did not abuse its discretion by dismissing Light's suit. See Smith v. Texas Dept. of Criminal Justice-Institutional Div., 33 S.W.3d 338, 341 (Tex. App.-Texarkana 2000, pet. denied). Point of error one is overruled. The judgment of the trial court is AFFIRMED.


Summaries of

Light v. Womack

Court of Appeals of Texas, Ninth District, Beaumont
Aug 26, 2004
No. 09-04-087 CV (Tex. App. Aug. 26, 2004)
Case details for

Light v. Womack

Case Details

Full title:CAMERON LIGHT, Appellant, v. EDWARD WOMACK and CARSIDONIA LAPAGLIA…

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Aug 26, 2004

Citations

No. 09-04-087 CV (Tex. App. Aug. 26, 2004)