Opinion
No. 04-03-00519-CV.
Delivered and Filed: February 18, 2004.
Appeal from the 1-A Judicial District Court, Tyler County, Texas Trial Court No. 18,498, Honorable Monte D. Lawlis, Judge Presiding.
Affirmed.
Sitting: Alma L. LÓPEZ, Chief Justice, Paul W. GREEN, Justice Karen ANGELINI, Justice
MEMORANDUM OPINION
Patrick Lee Mullins ("Mullins") appeals the trial court's order granting the appellee's motion to dismiss Mullins's complaint as frivolous pursuant to Chapter 14 of the Texas Civil Practice and Remedies Code. We affirm the trial court's order.
We review a dismissal with prejudice of an inmate's claim pursuant to Chapter 14 under an abuse of discretion standard. Hickman v. Adams, 35 S.W.3d 120, 123 (Tex. App.-Houston [14th Dist.] 2000, no pet.). A trial court abuses its discretion if it dismisses a claim without regard to guidelines, principles, or rules. Id.
Mullins asserts that the trial court erred in dismissing his claim without specifying the ground for dismissal; however, the trial court is not required to specify the ground for dismissal because an appellate court can affirm a dismissal order if dismissal is proper upon any of the grounds presented in the motion. Retzlaff v. Texas Dept. of Criminal Justice, 94 S.W.3d 650, 653 (Tex. App.-Houston [14th Dist.] 2002, pet. denied). Mullins also contends that the trial court erred in dismissing his claim without notice and a hearing; however, notice and a hearing are not required. See Hughes v. Massey, 65 S.W.3d 743, 745 (Tex. App.-Beaumont 2001, no pet.); Williams v. Brown, 33 S.W.3d 410, 411 (Tex. App.-Houston [1st Dist.] 2000, no pet.); Thomas v. Wichita Gen. Hosp., 952 S.W.2d 936, 938 (Tex. App.-Fort Worth 1997, pet. denied). Finally, Mullins contends that Chapter 14 is not applicable to his Order to Show Cause, Temporary Restraining Order and Preliminary Injunction; however, Chapter 14 applies to any suit brought by an inmate relating to a cause of action that accrued on or after June 8, 1995, in which an affidavit or unsworn declaration of inability to pay costs is filed by the inmate. See Tex. Civ. Prac. Rem. Code Ann. § 14.002(a) 14.002 historical note (Vernon 2002). In this case, Mullins filed an affidavit of inability to pay costs and his pleadings relate to alleged actions taken after June 8, 1995; therefore, Chapter 14 applies to Mullins's lawsuit.
The trial court's order is affirmed.