Brent Alan McLean v. Brad Livingston

486 S.W.3d 561 (Tex. 2016) · Supreme Court of Texas · April 1, 2016 · No. 15-0100

Summary

The Supreme Court of Texas held that an inmate who files an appeal while claiming inability to pay costs must be given a reasonable opportunity to cure defects in the required Chapter 14 filings before the appeal is dismissed. The court relied on Texas Rule of Appellate Procedure 44.3 and precedent favoring correction of formal procedural defects. It reversed the court of appeals and remanded for consideration of the appeal's merits.

Holdings

  1. A court of appeals must afford an inmate a reasonable opportunity to amend appellate filings and cure Chapter 14 filing defects before dismissing the appeal.

Questions Presented

  1. Whether a court of appeals must give an inmate a reasonable opportunity to amend appellate filings and cure missing or defective Chapter 14 filings before dismissing the appeal.

Disposition

reversed_and_remanded

Cases Cited (16)

  • McLean v. Livingston, No. 10-14-00191-CV, 2014 WL 3559279 (Tex. App.—Waco July 17, 2014, no pet.)(procedural history)
  • Ex parte N.C., 456 S.W.3d 358, 359-60 (Tex. App.—Waco 2015, pet. filed)(criticized)
  • Rodarte v. Beneficial Texas, Inc., No. 04-15-00647-CV, 2015 WL 8378362 (Tex. App.—San Antonio Dec. 9, 2015, pet. filed)(followed by other courts)
  • Dunsmore v. Barrow, No. 14-15-00572-CV, 2015 WL 7258506 (Tex. App.—Houston [14th Dist.] Nov. 17, 2015, no pet.)(followed by other courts)
  • Hill v. State, No. 07-15-00157-CV, 2015 WL 4148273 (Tex. App.—Amarillo July 9, 2015, no pet.)(followed by other courts)
  • In re Jones, 464 S.W.3d 874, 874-75 (Tex. App.—Beaumont 2015, no pet.)(followed by other courts)
  • Wilkerson v. Ramsey 1 Unit, No. 01-14-00790-CV, 2015 WL 1825802 (Tex. App.—Houston [1st Dist.] Apr. 21, 2015, no pet.)(followed by other courts)
  • Frey v. Foster, No. 06-13-00086-CV, 2014 WL 1004494 (Tex. App.—Texarkana Mar. 14, 2014, pet. denied.)(followed by other courts)
  • Frey v. Hendrix, No. 12-14-00322-CV, 2014 WL 5775195 (Tex. App.—Tyler Nov. 5, 2014, pet. denied.)(criticized)
  • Hickman v. Texas Department of Criminal Justice, No. 13-12-00437-CV, 2013 WL 3770916 (Tex. App.—Corpus Christi July 18, 2013, no pet.)(criticized)

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