Donald Foster v. G. Harbison, Orange County, Texas, Mike White, Kristi Williams & Ralph Osborne

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-03-390 CV

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DONALD FOSTER, Appellant



V.



GREGORY HARBISON, CONNIE DICKEY, KRISTI WILLIAMS,

RALPH OSBORNE, MIKE WHITE, AND ORANGE COUNTY, Appellees




On Appeal from the 260th District Court

Orange County, Texas

Trial Cause No. D-010549-C




MEMORANDUM OPINION

Donald Foster, an inmate of the Texas Department of Criminal Justice, Institutional Division, appeals from the dismissal of a suit filed against Gregory Harbison, Connie Dickey, Kristi Williams, Ralph Osborne, Mike White, and Orange 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.

Foster brings one issue on appeal claiming the trial court erred in dismissing his suit. The record reflects Foster failed to comply with the requirements of section 14.004 of the Texas Civil Practices and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann.§ 14.004(2) (Vernon 2002). Accordingly, we find no abuse of discretion by the trial court in dismissing Foster's suit under Chapter 14 of the Texas Civil Practice and Remedies Code. The issues raised in Foster's brief are overruled and the judgment is AFFIRMED.






DON BURGESS

Justice



Submitted on December 24, 2003

Opinion Delivered January 8, 2004





Before McKeithen, C.J., Burgess and Gaultney, JJ.