Donald Ray McCray v. Jefferson County

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-03-253 CV

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DONALD RAY MCCRAY, Appellant

V.

JEFFERSON COUNTY, Appellee

On Appeal from the 172nd District Court

Jefferson County, Texas

Trial Cause No. E-169,005

MEMORANDUM OPINION

Donald Ray McCray, an inmate of the Texas Department of Criminal Justice, Institutional Division, appeals from the dismissal of a suit filed against Jefferson County, Texas. Because the appeal involves the application of well- settled principles of law, we deliver this memorandum opinion. Tex. R. App. P. 47.4.

McCray brings one issue on appeal; he maintains the trial court erred in dismissing his suit when Jefferson County had filed neither an answer nor a motion to dismiss. However, McCray is incorrect. Section 14.003(a)(2) of the Texas Civil Practices and Remedies Code specifically authorizes the trial court to dismiss a claim, "either before or after service of process," if the court determines the claim is frivolous or malicious. Tex. Civ. Prac. & Rem. Code Ann. § 14.003(a)(2) (Vernon 2002). Here, the trial court found that McCray's suit was frivolous and dismissed it pursuant to the appropriate statutory authority. See Tex. Civ. Prac. & Rem. Code Ann. §§ 14.001-.014 (Vernon 2002). We overrule McCray's issue and affirm the trial court's judgment.

AFFIRMED.

PER CURIAM

Submitted on September 2, 2003

Opinion Delivered September 11, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.