In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-03-253 CV
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DONALD RAY MCCRAY, Appellant
V.
JEFFERSON COUNTY, Appellee
Jefferson County, Texas
Trial Cause No. E-169,005
Donald Ray McCray, an inmate of the Texas Department of Criminal Justice, Institutional Division, appeals from the dismissal of a suit filed against Jefferson County, Texas. Because the appeal involves the application of well- settled principles of law, we deliver this memorandum opinion. Tex. R. App. P. 47.4.
McCray brings one issue on appeal; he maintains the trial court erred in dismissing his suit when Jefferson County had filed neither an answer nor a motion to dismiss. However, McCray is incorrect. Section 14.003(a)(2) of the Texas Civil Practices and Remedies Code specifically authorizes the trial court to dismiss a claim, "either before or after service of process," if the court determines the claim is frivolous or malicious. Tex. Civ. Prac. & Rem. Code Ann. § 14.003(a)(2) (Vernon 2002). Here, the trial court found that McCray's suit was frivolous and dismissed it pursuant to the appropriate statutory authority. See Tex. Civ. Prac. & Rem. Code Ann. §§ 14.001-.014 (Vernon 2002). We overrule McCray's issue and affirm the trial court's judgment.
AFFIRMED.
PER CURIAM
Submitted on September 2, 2003
Opinion Delivered September 11, 2003
Before McKeithen, C.J., Burgess and Gaultney, JJ.