Opinion
No. 04-18-00836-CV
01-24-2019
Allan W. MAJESKI, Appellant v. FROST BANK, Appellee
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2018CI00427
Honorable Karen H. Pozza, Judge Presiding
ORDER
Appellant is an inmate acting pro se in a civil suit; he asserts he is indigent. On December 31, 2018, we ordered Appellant to file in this court (1) a separate affidavit listing the previous pro se actions he has brought and (2) a certified copy of his inmate trust account statement. See TEX. CIV. PRAC. & REM. CODE ANN. § 14.002(a).
On January 11, 2019, Appellant timely filed an affidavit that included a list of other actions he has previously brought in which he represented himself. See id. § 14.004(a). Although the list of actions does not contain all the information required by statute, the list contains enough information to show the instant litigation is not merely a duplicate suit. See Clark v. Unit, 23 S.W.3d 420, 422 (Tex. App.—Houston [1st Dist.] 2000, pet. denied) ("The purpose of section 14.004 is to curb the constant, often duplicative, inmate litigation, by requiring the inmate to notify the trial court of previous litigation and the outcome.").
Appellant's response also included a copy of his inmate trust account dated January 8, 2019. See TEX. CIV. PRAC. & REM. CODE ANN. § 14.004(c). Appellant previously filed a copy of his inmate trust account dated November 13, 2018. See id. Neither report is certified, but each shows the balance of the account on the date indicated for the previous six months. See TEX. CIV. PRAC. & REM. CODE ANN. § 14.006(f).
Our December 31, 2018 order is satisfied.
We conclude Appellant is unable to afford payment of court costs; Appellant may "proceed without payment of costs." See TEX. R. APP. P. 20.1(c); TEX. R. CIV. P. 145.
We REINSTATE the appellate timetable. The clerk's and reporter's records are due within THIRTY DAYS of the date of this order.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of January, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court