Venture Stores, Inc. v. Linda Schafer

Venture Stores, Inc. v. Linda Schafer

  IN THE

TENTH COURT OF APPEALS

No. 10-99-025-CV

     VENTURE STORES, INC.,

                                                                              Appellant

     v.

     LINDA SCHAFER,

                                                                              Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 98-00-08444-CV

MEMORANDUM OPINION

            On March 23, 1999, Appellant filed a motion to dismiss this appeal because the trial court granted a motion for new trial. In relevant portion, Rule 42.1(a) of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(2).

      The Appellees have not filed a response to the motion. Accordingly, this cause is dismissed with costs to be taxed against the Appellant. 

                                                                                     PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed

Opinion delivered and filed March 31, 1999

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records under Government Code, Chapter 552.

      Appellant filed a pauper’s affidavit pursuant to Rule 145, Texas Rules of Criminal Procedure. Chapter 14, § 14.003 of the Texas Civil Practice & Remedies Code applies to suits brought by an inmate who has filed an affidavit of inability to pay costs. Section 14.003(a) allows a court to dismiss a suit before or after process is served if the court finds: ....(2) the claim is frivolous or malicious.... In determining whether a claim is frivolous or malicious the court may consider whether (1) the claim’s realistic chance of success is slight; (2) the claim has no basis in law or fact....

      Section 552.028, Request for Information from Incarcerated Individual.

(a) A governmental body is not required to accept or comply with a request for information from an individual who is imprisoned or confined in a correctional facility.

(b) Subsection (a) does not prohibit a governmental body from disclosing to an individual described by the subsection information held by the governmental body pertaining to that individual.

      A governmental body is not required to furnish requested information to an inmate but is not prohibited from disclosing information to an inmate pertaining to the inmate. Thus it is discretionary with Appellee whether to furnish the requested information to Appellant, or to not furnish him the requested information.

      The record reflects the prison authorities denied Appellant’s request for the information he sought. Section 552.028 does not mandate that Appellee furnish Appellant the information. Appellant has not stated a cause of action and the trial court’s dismissal of his lawsuit was proper under the provisions of Chapter 14, Texas Civil Practice & Remedies Code.

      Appellant’s point is overruled. The judgment is affirmed.

                                                                               FRANK G. McDONALD

                                                                               Chief Justice (Retired)

Before Chief Justice Davis,

      Justice Vance and

      Chief Justice McDonald (Retired)

Affirmed

Opinion delivered and filed September 9, 1998

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