Allan W. Majeski v. Frost Bank

• Court: Court of Appeals of Texas
• Decided: November 28, 2018
• Docket: 04-18-00836-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas November 28, 2018

No. 04-18-00836-CV

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. In his November 16, 2018 motion, Appellant asks this court to appoint counsel to represent him in this appeal. A court may appoint counsel for a pro se civil litigant “under exceptional circumstances.” See Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003) (citing Travelers Indem. Co. of Conn. v. Mayfield, 923 S.W.2d 590, 594 (Tex. 1996)); see also TEX. GOV’T CODE ANN. § 24.016 (West 2004). Exceptional circumstances are “rare and unusual,” and Appellant’s motion presents no such circumstances. See Gibson, 102 S.W.3d at 713 (denying court-appointed counsel to an indigent inmate for his civil suit against prison personnel). Appellant’s motion for court-appointed appellate counsel is DENIED.

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of November, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court