Dismissed and Memorandum Opinion filed March 4, 2014.

In The

Fourteenth Court of Appeals

NO. 14-13-00704-CV

LARRY M. CANTU, Appellant

V.

MARGARET CURRAN, Appellee

On Appeal from the County Court at Law # 4 and Probate Court

Brazoria County, Texas

Trial Court Cause No. CI048941

M E M O R A N D U M O P I N I O N

Appellant Larry M. Cantu, an inmate incarcerated in the Texas Department 

of Criminal Justice, challenges the trial court’s dismissal of his civil action against 

appellee, Margaret Curran. Because we conclude that appellant failed to comply 

with the requirements of Chapter 14 of the Texas Civil Practice and Remedies 

Code on appeal, we dismiss his appeal.

On July 23, 2013, the trial court dismissed appellant’s case below for want 
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of jurisdiction. Appellant filed a timely notice of appeal on July 26, 2013. On 

August 14, 2013, appellant filed an affidavit in support of his request to proceed as 

indigent in this court. Appellant’s affidavit fails to comply with section 14.004(a)

of the Texas Civil Practice and Remedies Code, which states:

An inmate who files an affidavit or unsworn declaration of inability to 

pay costs shall file a separate affidavit or declaration (1) identifying 

each suit, other than a suit under the Family Code, previously brought 

by the person and in which the person was not represented by an 

attorney, without regard to whether the person was an inmate at the 

time the suit was brought; and (2) describing each suit that was 

previously brought by (A) stating the operative facts for which relief 

was sought; (B) listing the case name, cause number, and the court in 

which the suit was brought; (C) identifying each party named in the 

suit; and (D) stating the result of the suit, including whether the suit 

was dismissed as frivolous or malicious under Section 13.001 or 

Section 14.003 or otherwise.

Tex. Civ. Prac. & Rem. Code Ann. § 14.004 (West Supp. 2013).

Chapter 14 of the Texas Civil Practice and Remedies Code governs inmate 

litigation when the inmate claims inability to pay costs. In its 2011 session, the 

Texas Legislature amended Chapter 14; the amendments to Chapter 14 became 

effective January 1, 2012. As amended, Chapter 14 now applies to “an action, 

including an appeal or original proceeding, brought by an inmate in a district, 

county, justice of the peace, or small claims court or an appellate court, including 

the supreme court or the court of criminal appeals, in which an affidavit or 

unsworn declaration of inability to pay costs is filed by the inmate.” Tex. Civ. 

Prac. & Rem. Code Ann. § 14.002(a) (West Supp. 2013). “This means that the 

requirements of Chapter 14 apply when inmates file an appeal or an original 

proceeding in the appellate court the same as when they file actions in the district, 

county, and justice courts.” Douglas v. Moffett, —S.W.3d—, — 14-12-00321-CV, 
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2013 WL 6237255, at *1 (Tex. App.—Houston [14th Dist.] Dec. 3, 2013, no pet. 

h.) quoting Douglas v. Turner, —S.W.3d—, —, 2013 WL 2245653, at * 1 (Tex.

App.—Waco May 9, 2013, no pet.). See also Hickman v. Tex. Dep’t of Criminal 

Justice, No. 13–12–00437–CV, 2013 WL 3770916, at *2 (Tex. App.—Corpus 

Christi July 18, 2013, no pet.) (mem. op.).

When an inmate litigant files an affidavit or unsworn declaration of inability 

to pay costs, Chapter 14 requires the inmate to file an additional affidavit or 

declaration setting forth specific details on all previous actions filed pro se, other 

than a suit brought under the Texas Family Code. Tex. Civ. Prac. & Rem. Code 

Ann. § 14.004(a); Moffett, 2013 WL 6237255 at *2. Because the inmate’s list of 

previous filings may change between the time the suit and appeal are brought, we 

have concluded, as other courts of appeals have, that the decisions interpreting 

these requirements of Chapter 14 at the trial court stage generally apply to appeals 

and original proceedings brought in an appellate court on or after January 1, 2012. 

Moffett, 2013 WL 6237255 at *3; see also Tex. Civ. Prac. & Rem. Code Ann. § 

14.002(a); Atkins v. Herrera, Nos. 10–13–00283–CV, 10–13–00284–CV, 2013 

WL 5526233, at * 1 (Tex. App.—Waco Oct. 3, 2013, no pet.) (mem. op.); 

Weisinger v. State, No. 12-13-00152-CV, 2013 WL 3967659, at * 1 (Tex. App.—

Tyler July 31, 2013, no pet.); Hickman, 2013 WL 3770916, at * 2. We therefore 

apply the decisions cited above to determine whether appellant complied with 

Chapter 14.

Appellant filed his notice of appeal and an accompanying affidavit of 

indigence. But appellant did not file on appeal the required additional affidavit or 

unsworn declaration of previous filings. Tex. Civ. Prac. & Rem. Code Ann. §§ 

14.002(a), 14.004(a).
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Appellee raised these deficiencies in its brief filed February 3, 2014. 

Appellant filed a reply brief on February 14, 2014, but did not respond to 

appellee’s allegations that appellant has failed to comply with chapter 14 of the 

Texas Civil Practice and Remedies Code. 

Because the requirements of Chapter 14 of the Texas Civil Practice and 

Remedies Code now apply to inmate proceedings in appellate courts, and appellant

did not comply with those requirements on appeal, we dismiss his appeal. see 

Moffett, 2013 WL 6237255 at *4.

PER CURIAM

Panel consists of Justices McCally, Busby, and Donovan.