Kenneth Ray Brown AKA Raymond Lewis Brown v. State ( 2019 )

IN THE
TENTH COURT OF APPEALS
No. 10-19-00319-CV
KENNETH RAY BROWN
AKA RAYMOND LEWIS BROWN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 94-324-C
OPINION
Kenneth Ray Brown a/k/a Raymond Lewis Brown, an inmate, is attempting to
appeal from the trial court’s “order” to withdraw funds from his inmate account “to pay
attorney’s fee and other bill of costs.” We will dismiss this appeal for want of jurisdiction.
Section 501.014(e) of the Government Code governs the withdrawal of funds from
an inmate’s account for the recovery of court fees and costs assessed against the inmate.
See TEX. GOV’T CODE ANN. § 501.014(e). Proceedings under section 501.014(e) to recover
court fees and costs assessed against inmates “are civil in nature and not part of the
underlying criminal case.” Harrell v. State, 286 S.W.3d 315, 316 (Tex. 2009). In civil cases,
unless specifically authorized by statute, appeals may be taken only from final orders or
judgments. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.012; CMH Homes v. Perez, 340
S.W.3d 444, 447 (Tex. 2011); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
Although called an “order,” an “order” to withdraw funds is not a final,
appealable order; it is a notice to the Texas Department of Criminal Justice to withdraw
funds from an inmate’s account under section 501.014(e). Ramirez v. State, 318 S.W.3d
906, 907-08 (Tex. App.—Waco 2010, no pet.); see Jones v. State, No. 10-10-00006-CV, 2011
WL 5221243, at *1 (Tex. App.—Waco Oct. 26, 2011, no pet.) (mem. op.); see also Harrell,
286 S.W.3d at 316 n.1. On the other hand, an inmate may appeal from a trial court’s final
order denying the inmate’s motion to modify or rescind the withdrawal. See Ramirez, 318
S.W.3d at 908 (“Only when [the withdrawal notification is] properly challenged and
denied relief is there a trial court order that is final from which the inmate . . . can
appeal.”). In this case, however, there is no final order denying any motion to modify or
rescind the withdrawal of funds from Brown’s inmate account. In Brown’s “petition of
appeal,” which we have determined is his notice of appeal, Brown states that he has
attempted to file with the trial court clerk a “motion to quash attorney’s fee and other bill
of costs.” But, Brown asserts that the trial court has not responded to his motion.
The Clerk of this Court notified Brown that, unless he showed grounds for
continuing this appeal, it was subject to dismissal for want of jurisdiction. Brown
subsequently filed a “Motion for Continuation of Appeal to Pay Attorney’s Fee and Other
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Bill of Costs.” Brown, however, has not shown grounds for continuing this appeal.
Accordingly, we deny Brown’s “Motion for Continuation of Appeal to Pay Attorney’s
Fee and Other Bill of Costs,” and we dismiss this appeal for want of jurisdiction.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Motion denied; appeal dismissed
Opinion delivered and filed October 9, 2019
[CV06]
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