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Smith v. Stevens

Court of Appeals of Texas, Houston, First District
Nov 27, 1991
822 S.W.2d 152 (Tex. App. 1991)

Summary

finding any error harmless where damages equaled $3.55

Summary of this case from Green v. Parrack

Opinion

No. 01-91-00364-CV.

November 27, 1991.

Appeal from the 278th District Court, Walker County, Jerry Sandel, J.

Willie Smith, pro se.

Frank Blazek, Walker County Dist. Atty., for appellee.

Before TREVATHAN, O'CONNOR and COHEN, JJ.


OPINION


Appellant, Willie Smith, a state prison inmate, sued a prison guard, Dale Stephens, for $3.55 in actual damages, an injunction, and a declaratory judgment. Smith claims Stephens took his coffee bag and two packs of cigarettes. Six days after Smith sued, the trial court found the suit was frivolous and dismissed it with prejudice, pursuant to TEX.CIV.PRAC. REM.CODE ANN. § 13.001 (Vernon Supp. 1991). We affirm.

De minimus non curiat lex. The law cares not for small things. BLACK'S LAW DICTIONARY 388 (5th ed. 1979). Any error is harmless because the amount of actual damages is insignificant. Thompson v. Mannix, 814 S.W.2d 811, 812 (Tex.App. — Waco 1991, no writ); Birdo v. Ament, 814 S.W.2d 808, 810 (Tex.App. — Waco 1991, writ requested).

This appeal is frivolous. We assess damages against Smith of $1420.00, which equals ten times the taxable costs. TEX.R.APP.P. 84.

The judgment is affirmed. Costs are assessed against Smith in amount of $1420.00.


Summaries of

Smith v. Stevens

Court of Appeals of Texas, Houston, First District
Nov 27, 1991
822 S.W.2d 152 (Tex. App. 1991)

finding any error harmless where damages equaled $3.55

Summary of this case from Green v. Parrack

concluding that the law was not concerned with claims involving the confiscation of a coffee bag and two packs of cigarettes

Summary of this case from Jones v. Copeland

In Smith, an inmate sued a prison official in his individual capacity for $ 3.55 in damages based on allegations that the official took the inmate's coffee and cigarettes.

Summary of this case from Sanchez v. Boone

In Smith, an inmate sued a prison official in his individual capacity for $3.55 in damages based on allegations that the official took the inmate's coffee and cigarettes.

Summary of this case from Sanchez v. Boone

construing the phrase as meaning that the law cares not for small things

Summary of this case from Hammonds v. Camp

allowing dismissal of suit as frivolous when plaintiff complains of de minimus damages

Summary of this case from Hickson v. Allison
Case details for

Smith v. Stevens

Case Details

Full title:Willie SMITH, Appellant, v. Dale STEVENS, Appellee

Court:Court of Appeals of Texas, Houston, First District

Date published: Nov 27, 1991

Citations

822 S.W.2d 152 (Tex. App. 1991)

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