Legal Opinion

Powell v. Clements

Texas Court of Appeals, 10th District (Waco)

Decided April 3, 2007No. 10-05-00418-CVPublishedCited by 16 opinions

1Opinion of the Court

OPINION

TOM GRAY, Chief Justice.

Dennis Powell, an inmate, appeals the dismissal of his civil lawsuit against Appel-lees as frivolous under Chapter 14 of the Texas Civil Practice and Remedies Code. Because the trial court did not abuse its discretion in dismissing the suit and because section 74.351 of the Texas Civil Practice and Remedies Code does not violate the Open Courts provision of the Texas Constitution, we affirm.

Powell filed a lawsuit against Appellees in district court. Because he also filed an affidavit of indigence, Chapter 14 applies to his suit. Tex. Civ. PRAC & Rem.Code Ann. §…

2Cases cited6 opinions

  1. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  2. Sax v. VottelerTexas Supreme Court · 1983
  3. Hickson v. Moya, Texas Court of Appeals, 10th District (Waco)1996
  4. Johnson v. LynaughTexas Supreme Court · 1990
  5. Gill v. Russo, Texas Court of Appeals, 1st District (Houston)2001

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Wilson v. TDCJ-ID, Texas Court of Appeals, 10th District (Waco)2008
  2. Richard Hebert and Janet Hebert v. Timothy E. Hopkins, M.D., and Shannon Clinic, Texas Court of Appeals, 3rd District (Austin)2013
  3. Bankhead v. Spence, Texas Court of Appeals, 10th District (Waco)2010
  4. Calvin Wallace, Jr. v. the 52nd Judicial District Court of Coryell County, Texas and Sandy Gately, Texas Court of Appeals, 8th District (El Paso)2024
  5. Damon Bankhead v. David T. Spence, D.D.S., Texas Court of Appeals, 10th District (Waco)2010

11 more not listed; retrieve them via the Exa API.

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