Davie Harrison v. Northwest Texas Health Care System
This text of Davie Harrison v. Northwest Texas Health Care System (Davie Harrison v. Northwest Texas Health Care System) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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<P><CENTER>NO. <A NAME="NO">07-03-0259-CV</A></CENTER>
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<BR WP="BR1"><BR WP="BR2">
<P><CENTER>IN THE COURT OF APPEALS</CENTER>
<P><CENTER>FOR THE SEVENTH DISTRICT OF TEXAS</CENTER>
<P><CENTER>AT AMARILLO</CENTER>
<P><CENTER>PANEL C</CENTER>
<P><A NAME="DATE"><CENTER>OCTOBER 29, 2004</A></CENTER>
<P><CENTER>______________________________</CENTER>
<P><CENTER><A NAME="APP">DAVIE HARRISON</A>, APPELLANT</CENTER>
<P><CENTER>V.</CENTER>
<P><CENTER><A NAME="APE">NORTHWEST TEXAS HEALTH CARE SYSTEM, ET AL.</A>, APPELLEES</CENTER>
<P><CENTER>_________________________________</CENTER>
<P><CENTER>FROM THE 181<SUP>ST</SUP> DISTRICT COURT OF POTTER COUNTY;</CENTER>
<P><CENTER>NO. 90,815-B; HONORABLE JOHN B. BOARD, JUDGE</CENTER>
<P><CENTER>_______________________________</CENTER>
<P> </P>
<P>Before JOHNSON, C.J., and QUINN and REAVIS, JJ.</P>
<P><CENTER><STRONG>MEMORANDUM OPINION</STRONG></CENTER>
<P> Appellant Davie Harrison, an inmate proceeding <EM>pro se </EM>and <EM>in forma pauperis,
</EM>challenges the trial court's order dismissing his claim for alleged negligence and breach of
duty in medical services provided by Northwest Texas Health Care, System, <EM>et al.</EM>
Presenting three issues, Harrison contends the trial court abused its discretion in
dismissing his claim. We affirm.</P>
<P> Citing sections 671.001 and 672.009 of the Texas Health and Safety Code,<A HREF="#N_1_"><SUP> (1)</SUP></A>
Harrison filed a notice of intent to file a claim against Northwest Texas Health Care System,
<EM>et al.</EM> pursuant to former article 4590i of the Medical Liability Act within 60 days of the date
of his notice. The notice is dated March 17, 2003, and bears a Potter County District Clerk
file-stamp of April 4, 2003. It is designated in the clerk's record as "Plaintiff's Original
Petition." By the notice, Harrison did not seek any relief against Northwest Texas Health
Care System, <EM>et al.</EM> On May 12, 2003, the trial court signed a dismissal order citing, among
other reasons, that Harrison's realistic chance of ultimate success was slight and therefore
frivolous. <EM>See</EM> Tex. Civ. Prac. & Rem. Code Ann. 14.003(b)(1) (Vernon 2002).</P>
<P> By his three issues, Harrison contends the trial court erred in dismissing his claim
(1) as frivolous (2) pursuant to section 14.003(b)(1) and (3) pursuant to Rule 165a of the
Texas Rules of Civil Procedure. Considering the first two issues together, we disagree.</P>
<P> As noted above, by his handwritten document Harrison stated it was only a notice
of claim which he "intend[ed] to file" sixty days after March 17, 2003. Moreover, sections
671.001 and 672.009 have no relevance to the matters asserted in his notice of claim.
Harrison did not allege his damages were within the jurisdictional limits of the court and did
not make a demand for judgment or other relief as required by Rule 47 of the Texas Rules
of Civil Procedure. Harrison's status as a <EM>pro se</EM> litigant did not excuse the failure to comply
with the rules of procedure. <EM>See</EM> Holt v. F.F. Enterprises, 990 S.W.2d 756, 759 (Tex.App.--Amarillo 1998, no pet.). As presented in his notice of claim, Harrison's realistic chance of
ultimate success was slight, and his filing did not comply with Rule 47. Thus, we overrule
issues one and two. Our disposition of Harrison's first and second issues pretermits
consideration of his third.</P>
<P> Accordingly, the judgment of the trial court is affirmed.</P>
<P> Don H. Reavis</P>
<P> Justice</P>
<P>
<P><A NAME="N_1_">1. </A>Section 671.001 is entitled "Standard Used in Determining Death," and section
672.009 is entitled "Use of Information and Records; Confidentiality."</P>
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is no reversible error in this case, and that the appeal is
frivolous. <EM>See Anders v. California</EM>, 386 U.S. 738, 744-45, 87 S.Ct.1396, 18 L.Ed.2d 493
(1967). Counsel also has filed a motion to withdraw, has provided a copy of his brief to
Carillo, and by letter informed him of his rights to review the trial record and to file a pro se
brief. <EM>See Johnson v. State</EM>, 885 S.W.2d 641, 645 (Tex.App.--Waco 1994, pet. ref'd). By
letter dated July 21, 2003, this court also notified him of his opportunity to submit a
response to the <EM>Anders</EM> brief and motion to withdraw filed by his counsel, granting him until
August 18, 2003, to do so. This court's letter also reminded Carillo to contact the clerk of
this court or his counsel if he needed to review any part of the appellate record to prepare
a response. He has not filed a response.</P>
<P> In conformity with the standards set out by the United States Supreme Court, we will
not rule on the motion to withdraw until we have independently examined the record.
<EM>Nichols v. State</EM>, 954 S.W.2d 83, 86 (Tex.App.--San Antonio 1997, no pet.). If this court
determines the appeal has merit, we will remand it to the trial court for appointment of new
counsel. <EM>See Stafford v.
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