Opinion
No. 07-20-00121-CV No. 07-20-00185-CV
08-21-2020
BRICKEY JUAN MANUEL, APPELLANT v. HUNTSVILLE MEMORIAL HOSPITAL AND STAVAN PARMAR, M.D., APPELLEES
On Appeal from the 12th District Court Walker County, Texas
Trial Court Nos. 1929434A & 1929434; Honorable Donald Kraemer, Presiding
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and DOSS, JJ.
Appellant, Brickey Juan Manuel, an inmate proceeding pro se, appeals two trial court's orders dismissing his claims against Appellees, Huntsville Memorial Hospital and Stavan Parmar, M.D. We dismiss the appeals because Manuel failed to pay the required filing fees or comply with Chapter 14 of the Civil Practice and Remedies Code.
On March 4, 2020, the trial court dismissed and severed Manuel's claims against Dr. Parmar. Manuel appealed the order to the Tenth Court of Appeals. The appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts and docketed as cause number 07-20-00121-CV. See TEX. GOV'T CODE ANN. § 73.001 (West 2013). On May 4, 2020, the trial court dismissed the remaining claims against Huntsville Memorial Hospital. Manuel appealed the order and the appeal was transferred from the Tenth Court to this Court, docketed as cause number 07-20-00185-CV.
By letter of July 20, 2020, we notified Manuel that the filing fees for both appeals had not been paid and directed him to pay the fees or, in lieu thereof, to comply with Chapter 14 of the Civil Practice and Remedies Code by filing an affidavit of indigence, an affidavit relating to previous filings, and a certified copy of his inmate trust account statement. TEX. CIV. PRAC. & REM. CODE ANN. §§ 14.002(a), 14.004 (West 2017). We advised Manuel that the appeals were subject to dismissal if he did not comply by July 30, 2020.
To date, Manuel has filed an affidavit of indigence and a certified copy of his inmate trust account statement but has not filed an affidavit describing his previous filings. TEX. CIV. PRAC. & REM. CODE ANN. § 14.004 (requiring an affidavit identifying each previous action brought by stating the operative facts, listing the trial court information, identifying the parties, and stating whether the action was dismissed as frivolous or malicious). The requirement to pay the filing fee or tender the documents required by Chapter 14 is mandatory, and the lack thereof is grounds for dismissal. In re Johnson, No. 07-16-00354-CV, 2016 Tex. App. LEXIS 11841, at *1-2 (Tex. App.—Amarillo Nov. 1, 2016, orig. proceeding) (per curiam) (mem. op.).
Because Manuel has failed to pay the filing fees or comply with the requirements of Chapter 14 of the Civil Practice and Remedies Code within the time provided for compliance, we dismiss the appeals.
Per Curiam