NO. 12-14-00299-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL KENNEDY, 

APPELLANT

V.

THE TEXAS COURT OF CRIMINAL 

APPEALS, AUSTIN, TEXAS, ET AL,

APPELLEES

§

§

§

APPEAL FROM THE 3RD

JUDICIAL DISTRICT COURT

ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Michael Kennedy appeals “from a lawsuit in No. 3-41298 of the 3rd Judicial District 

Court for Anderson County, Texas.” We dismiss the appeal as frivolous.

INMATE LITIGATION—CHAPTER 14

Effective January 1, 2012, Chapter 14 of the Texas Civil Practice and Remedies Code 

was amended to apply to an action, including an appeal or an original proceeding, brought by an 

inmate in a district, county, justice of the peace, or small claims court, or an appellate court in 

which an affidavit of indigence is also filed. TEX. CIV. PRAC. & REM. CODE ANN. § 14.002 

(West Supp. 2014). This means that the requirements of Chapter 14 apply when inmates file an 

appeal or an original proceeding in an appellate court just as when they file an action in a trial 

court. See id.

Chapter 14 requires an inmate to file an affidavit or declaration “relating to previous 

filings” in which the inmate must detail all previous actions filed pro se, other than a suit under 

the Texas Family Code. Id. § 14.004(a) (West Supp. 2014). The affidavit or declaration must be 

accompanied by a certified copy of his “inmate trust account statement” that “reflect[s] the 

balance of the account at the time the claim is filed and activity in the account during the six 
2

months preceding the date on which the claim is filed.” Id. § 14.004(c) (West Supp. 2014). The 

filings required under Chapter 14 are “an essential part of the process by which courts review 

inmate litigation.” Hickson v. Moya, 926 S.W.2d 397, 399 (Tex. App.–Waco 1996, no writ).

If the inmate fails to file the affidavit or declaration with the required information about 

previous filings or the inmate trust account statement, the trial court can dismiss the action 

without notice or hearing. See, e.g., Amir–Sharif v. Mason, 243 S.W.3d 854, 857 (Tex. App.–

Dallas 2008, no pet.); Thompson v. Rodriguez, 99 S.W.3d 328, 330 (Tex. App.–Texarkana 

2003, no pet.). Further, when an inmate fails to comply with the requirement for the affidavit or 

declaration of previous filings, the trial court may assume that the current action is substantially 

similar to one previously filed by the inmate and thus is frivolous. Bell v. Tex. Dep’t of 

Criminal Justice–Institutional Div., 962 S.W.2d 156, 158 (Tex. App.–Houston [14th Dist.] 

1998, pet. denied). We see no reason why this caselaw interpreting the Chapter 14 requirements 

as they apply to actions filed in trial courts should not also now apply to actions filed in appellate 

courts. See Douglas v. Turner, No. 10-13-00031-CV, 2013 WL 2245653, at *1 (Tex. App.–

Waco May 9, 2013, no pet.) (op., not yet released for publication).

In this appeal, Kennedy did not file an affidavit or declaration of previous filings. 

Because the requirements of Chapter 14 now apply to inmate proceedings in the courts of 

appeals, caselaw permits us to dismiss Kennedy’s appeal without notice.

DISPOSITION

We dismiss this appeal as frivolous. See Bell, 962 S.W.2d at 158.

Opinion delivered October 22, 2014.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 22, 2014

NO. 12-14-00299-CV

MICHAEL KENNEDY,

Appellant

V.

THE TEXAS COURT OF CRIMINAL APPEALS, AUSTIN, TEXAS, ET AL,

Appellees

Appeal from the 3rd District Court 

of Anderson County, Texas (Tr.Ct.No. 3-41298)

THIS CAUSE came to be heard on the appellate record; and the same 

being considered, it is the opinion of this court that this appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this court that 

this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court 

below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.