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Gross v. Carroll, et al.

In this appeal the issue is whether the filing of an appellate affidavit of indigence by an inmate, before the trial court renders a final judgment, implicates Texas Civil Practice & Remedies Code ��14.001-.014 (Chapter 14). Chapter 14 governs district, county, justice of the peace or small claims court lawsuits filed by an inmate who claims indigence by filing an affidavit or unsworn declaration of an inability to pay costs. Because 1. the trial court properly applied Chapter 14 to appellant's pending suit once he filed an affidavit in the trial court indicating his inability to pay the costs, and 2. appellant has not shown that the trial court abused its discretion when it dismissed his claim with prejudice, the trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-08-01020-CV, 03-28-2011

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OPINION

In this appeal we must decide whether the filing of an appellate affidavit of indigence by an inmate, before the trial court renders a final judgment, implicates TEX. CIV. PRAC. & REM. CODE ANN. §§ 14.001-.014 (West 2002) (Chapter 14). Appellant Larry Wayne Gross challenges the trial court’s dismissal with prejudice pursuant to Chapter 14 of his Civil Rights Act*fn1 and Americans with Disabilities Act*fn2 suit against thirteen employees of the Ramsey Unit.*fn3 Additionally, Gross argues that the trial court’s rulings on three pretrial motions were error.

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