Hamilton v. Williams

• Decision Date: 31 August 2009
• Docket Number: No. 02-07-401-CV.,02-07-401-CV.
• Citation: 298 S.W.3d 334
• Parties: Jim H. HAMILTON, Jr., Appellant, v. Eddie C. WILLIAMS, Tommy L. Norwood, Michael D. Hill, T. Roddey, and Kelli Ward, Appellees.
• Court: Texas Court of Appeals

298 S.W.3d 334

Jim H. HAMILTON, Jr., Appellant, v. Eddie C. WILLIAMS, Tommy L. Norwood, Michael D. Hill, T. Roddey, and Kelli Ward, Appellees.

No. 02-07-401-CV.

Court of Appeals of Texas, Fort Worth.

August 31, 2009.

Jim H. Hamilton, Jr., Iowa Park, TX, pro se.

Greg Abbott, Atty. General of Tex., Kent Sullivan, First Asst. Atty. Gen., David Morales, Deputy Atty. General for Civil Litigation, David A. Talbot Jr., Asst. Atty. General and Chief, Law Enforcement Defense Division, Julia Hamill Murray, Asst. Atty. General, Austin, TX, for Appellee.

Panel: LIVINGSTON, DAUPHINOT, and McCOY, JJ.

OPINION

BOB McCOY, Justice.

I. Introduction

In three issues, pro se Appellant Jim H. Hamilton, Jr. appeals the trial court's order dismissing as frivolous his claims against Appellees Eddie C. Williams, Tommy L. Norwood, Michael D. Hill, T. Roddey and Kelli Ward.¹ We affirm.

II. Factual and Procedural Background

Hamilton, an inmate in the James Allred Unit of the TDCJ, filed suit against TDCJ employees, in their individual and official capacities, on May 2, 2007, complaining that his due process rights and his right to privacy of the person had been violated. In response, Williams, Norwood, and Hill filed a motion to dismiss Hamilton's claims as frivolous on the grounds that (1) the affidavit Hamilton filed with his petition did not comply with section 14.004(a)(2) of the Texas Civil Practice and Remedies Code; (2) Hamilton failed to provide copies of his administrative grievances as required by section 14.005(a)(2); (3) Hamilton failed to file a certified copy of his trust account statement as required by section 14.004(c) and 14.006(f); and (4) Hamilton's claims were frivolous because they had no arguable basis in law or fact. See Tex. Civ. Prac. & Rem.Code Ann. §§ 14.003-.006 (Vernon 2002). The trial court granted the motion and dismissed with prejudice Hamilton's suit in its entirety for failure to comply with chapter fourteen of the civil practice and remedies code. Hamilton then filed a motion for new trial and, in the alternative, a motion to reinstate. The trial court did not rule on these motions, and, accordingly, they were overruled by operation of law. This appeal followed.

III. Motion for New Trial and to Reinstate

In his first issue, Hamilton argues that the trial court erred by failing to rule and conduct a hearing on his motion for new trial and to reinstate. Although Hamilton presents this issue as pertaining to both his motion for new trial and his motion to reinstate, his legal argument and analysis refer only to his motion for new trial; therefore, we do not consider his motion to reinstate. See Tex.R.App. P. 38.1(i) ("The brief must contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record.").

A. Standard of Review

We review a trial court's denial of a motion for new trial for an abuse of discretion. See Cliff v. Huggins, 724 S.W.2d 778, 778-79 (Tex.1987). To determine whether a trial court abused its discretion, we must decide whether the trial court acted without reference to any guiding rules or principles; in other words, we must decide whether the act was arbitrary or unreasonable. Cire v. Cummings, 134 S.W.3d 835, 838-39 (Tex.2004).

B. Discussion

Hamilton asserts that the trial court erred by failing to rule and conduct a hearing on his motion for new trial because he has a constitutional right to access to the courts. However, Hamilton failed to provide any legal argument as to how the trial court's failure to rule on his motion violated his right of access to the courts; therefore, we need not consider it. See Tex.R.App. P. 38.1(i).

Next, Hamilton claims that a trial court must consider and rule on a motion for new trial within a reasonable time. A trial court, however, does not abuse its discretion by not ruling on a motion and by allowing the motion to be overruled by operation of law. See Tex.R. Civ. P 329b(c) (stating that "[i]n the event an original or amended motion for new trial ... is not determined by written order signed within seventy-five days after the judgment was signed, it shall be considered overruled by operation of law on expiration of that period"); see also Transp. Ins. Co. v. Moriel, 879 S.W.2d 10, 28 (Tex. 1994) (holding that "trial courts have not even been required to rule on motions for new trial as the passage of time may serve to overrule a new trial motion by operation of law"). Therefore, the trial court did not abuse its discretion by not ruling on Hamilton's motion for new trial.

Finally, Hamilton argues that because his motion for new trial raised issues not determinable from the record, including information not previously available to him, the trial court abused its discretion by not holding a hearing. However, whether to hold an evidentiary hearing on a motion for new trial in a civil matter is within the trial court's discretion unless the ground for the motion is jury misconduct. Parham v. Wilbon, 746 S.W.2d 347, 351 (Tex. App.-Fort Worth 1988, no writ); see also Jefa Co. v. Mustang Tractor & Equip. Co., 868 S.W.2d 905, 909 (Tex.App.-Houston [14th Dist.] 1994, writ denied). Contra Rozell v. State, 176 S.W.3d 228, 230 (Tex. Crim.App.2005) (generally, in a criminal case, a trial court should hold an evidentiary hearing on a motion for new trial if the motion and attached affidavit raise matters that are not determinable from the record and that demonstrate reasonable grounds that could entitle the accused to relief); Reyes v. State, 849 S.W.2d 812, 816 (Tex. Crim.App.1993) (holding in a criminal case that defendant is entitled to a hearing on motion for new trial when motion for new trial "reflect[s] that reasonable grounds exist for holding that" motion for new trial could be granted).

Here, Hamilton did not raise jury misconduct as a ground in his motion;² therefore, the trial court did not abuse its discretion by failing to hold an evidentiary hearing on Hamilton's motion for new trial. Id. Accordingly, we overrule Hamilton's first issue.

IV. Fundamental Error

In his second issue, Hamilton multifariously argues that the trial court committed fundamental error by dismissing an arguable claim without giving him (1) notice of the pending motion to dismiss, (2) an opportunity to be heard on the motion, and (3) an opportunity to amend his complaint and affidavit.³ Hamilton engrafts into his argument complaints that (1) his due process rights were violated, (2) he is entitled to declaratory and injunctive relief, and (3) his right to privacy in his person was violated. In his third issue, Hamilton contends that the trial court committed fundamental error by dismissing his case with prejudice in its entirety. Because Hamilton's second and third issues overlap, we address them simultaneously.

A. Applicable Law

We review a dismissal under chapter fourteen for an abuse of discretion per the standard set out above. Bishop v. Lawson, 131 S.W.3d 571, 574 (Tex.App.-Fort Worth 2004, pet. denied).

In order to control inmate litigation, which may be frivolous, the legislature enacted chapter fourteen of the civil practice and remedies code. See Tex. Civ. Prac. & Rem.Code Ann. §§ 14.001-.014 (Vernon 2002). Chapter fourteen "applies only to a suit brought by an inmate in a district, county, justice of the peace, or small claims court in which an affidavit or unsworn declaration of inability to pay costs is filed by the inmate." Id. § 14.002. Chapter fourteen sets forth procedural requirements an inmate must satisfy as a prerequisite to filing suit. Id. §§ 14.002, 14.004-.006; see also Lilly v. Northrep, 100 S.W.3d 335, 336 (Tex.App.-San Antonio 2002, pet. denied). Should the inmate fail to comply with these requirements, his suit will be dismissed. Lilly, 100 S.W.3d at 336 (citing Bell v. Tex. Dep't of Criminal Justice-Inst. Div., 962 S.W.2d 156, 158 (Tex.App.-Houston [14th Dist.] 1998, pet. denied)).

However, even if an inmate satisfies the necessary filing requirements, the trial court may dismiss an inmate's claim if it finds the claim to be frivolous or malicious. Tex. Civ. Prac. & Rem.Code Ann. § 14.003; Comeaux v. Tex. Dep't of Criminal Justice, 193 S.W.3d 83, 86 (Tex. App.-Houston [1st Dist.] 2006, pet. denied). A claim is frivolous or malicious if it has no basis in law or fact. Comeaux, 193 S.W.3d at 86. When an inmate's lawsuit is dismissed as frivolous for having no basis in law or in fact, but no fact hearing is held, our review focuses on whether the inmate's lawsuit has an arguable basis in law. Tex. Civ. Prac. & Rem.Code Ann. § 14.003; Scott v. Gallagher, 209 S.W.3d 262, 266 (Tex.App.-Houston [1st Dist.] 2006, no pet.). A clear failure by the trial court to analyze or apply the law correctly is an abuse of discretion. McDaniel v. Yarbrough, 898 S.W.2d 251, 253 (Tex. 1995).

In conducting our review, we take as true the allegations in an inmate's petition and review the types of relief and causes of action set out therein to determine whether, as a matter of law, the petition stated a cause of action that would authorize relief. See Scott, 209 S.W.3d at 266; Harrison v. Tex. Dep't of Criminal Justice, Inst. Div., 164 S.W.3d 871, 875 (Tex.App.-Corpus Christi 2005, no pet.). A claim has no arguable basis in law if it relies upon an indisputably meritless legal theory. Scott, 209 S.W.3d at 266-67. Further, a claim has no arguable basis in law if the inmate has failed to exhaust his administrative remedies. Leachman v Dretke, 261 S.W.3d 297, 311 (Tex.App.-Fort Worth, 2008 no pet.); Retzlaff v. Tex. Dep't of Criminal Justice, 94 S.W.3d 650, 653 (Tex.App.-Houston [14th Dist.] 2002, pet. denied). If an inmate fails to exhaust his administrative remedies, we may affirm a dismissal even if the ground was not presented in a motion to dismiss. Tex. Civ. Prac. & Rem.Code Ann. § 14.005; Retzlaff, 94 S.W.3d at 653.

Finally, when we review a trial court's dismissal with prejudice under...