Eddie A. Nunnelley, Jr. v. J. Beach

• Court: Court of Appeals of Texas
• Decided: August 7, 2015
• Docket: 07-15-00290-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-15-00290-CV

EDDIE A. NUNNELLEY, JR., APPELLANT

V.

J. BEACH, APPELLEE

On Appeal from the 108th District Court Potter County, Texas Trial Court No. 104,482-E, Honorable Douglas Woodburn, Presiding

August 7, 2015

MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appellant, Eddie A. Nunnelley, Jr., filed an appeal in the above-referenced cause

without paying the requisite filing fee. By letter dated July 23, 2015, this court directed

Nunnelley to pay the filing fee or file an affidavit of indigence, and if indigent, he must

comply with Chapter 14 by filing 1) an affidavit describing his previous filings and 2) a

certified copy of his inmate trust account. He was also told that the appeal would be

dismissed if he did not comply. TEX. R. APP. P. 42.3(c); see TEX. CIV. PRAC. & REM. CODE

ANN. § 14.002 (West Supp. 2014) (stating that Chapter 14 applies to appeals brought by an inmate in an appellate court); Douglas v. Moffett, 418 S.W.3d 336 (Tex. App.—

Houston [14th Dist.] 2013, no pet.). In his response, Nunnelley filed an affidavit of

indigence and a certified copy of his inmate account. However, he failed to file an

affidavit describing his previous filings.

The requirement to tender an affidavit complying with Chapter 14 of the Civil

Practice and Remedies Code is mandatory; the failure to do so is grounds for dismissal

of the lawsuit. Douglas v. Moffett, 418 S.W.3d at 340; see also In re Anthony G.

Hereford, Jr., No. 07-14-00348-CV, 2014 Tex. App. LEXIS 11521, at *1-2 (Tex. App.—

Amarillo October 17, 2014, orig. proceeding) (holding that the failure to comply with

Chapter 14 subjected the mandamus proceeding to dismissal).

Accordingly, we dismiss the appeal.

Brian Quinn Chief Justice