# Bobby Brown v. Geannie Jones and John Jackson

> Texas Supreme Court · July 1, 2016 · 59 Tex. Sup. Ct. J. 1543

URL: https://www.frixlaw.com/law-library/cases/3219674

## Case

- **Full name:** Bobby BROWN, Petitioner v. Geannie JONES and John Jackson, Respondents
- **Court:** Texas Supreme Court
- **Decided:** July 1, 2016
- **Citations:** 59 Tex. Sup. Ct. J. 1543; 494 S.W.3d 727; 2016 Tex. LEXIS 617; 2016 WL 3568121
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3219674

## Opinion text

IN THE SUPREME COURT OF TEXAS
444444444444
NO . 15-0419
444444444444

BOBBY BROWN, PETITIONER

V.

GEANNIE JONES AND JOHN JACKSON, RESPONDENTS

4444444444444444444444444444444444444444444444444444
ON PETITION FOR REVIEW FROM THE
COURT OF APPEALS FOR THE TENTH DISTRICT OF TEXAS
4444444444444444444444444444444444444444444444444444

PER CURIAM

Bobby Brown, a state-prison inmate, filed a complaint in the Justice of the Peace Court,

Precinct No. 1, Walker County, alleging that prison officials illegally confiscated his personal, legal,

and religious materials without due process. The justice court dismissed Brown’s complaint and

Brown appealed to the Tenth Court of Appeals. The Tenth Court of Appeals dismissed Brown’s

appeal for lack of jurisdiction. Brown v. Jones, No. 10-15-00039-CV, 2015 WL 1316712, at *1

(Tex. App.—Waco Mar. 19, 2015, no pet.) (mem. op). Subsequently, Brown appealed the justice

court’s dismissal to the County Court at Law of Walker County, which dismissed Brown’s case for

failure to comply with Texas Civil Practice and Remedies Code section 14.005. Brown appealed

the county court’s dismissal to the Tenth Court of Appeals but failed to file an affidavit or

1
declaration “relating to previous filings” as required by Texas Civil Practice and Remedies Code

chapter 14. See TEX . CIV . PRAC. & REM . CODE §§ 14.002(a), .004 (requiring “[a]n inmate who files

an affidavit or unsworn declaration of inability to pay costs” to file both a declaration of previous

filings and a certified copy of the inmate’s trust account statement reflecting activity in at least the

prior six months). The Tenth Court of Appeals dismissed the appeal without notice or an

opportunity for Brown to cure the section 14.004(a) filing defect. ___ S.W.3d ___, ___.

In two prior opinions, McLean v. Livingston, ___ S.W.3d ___, ___ (Tex. 2016) (per curiam),

and Ex Parte N.C., ___ S.W.3d ___, ___ (Tex. 2016) (per curiam), we held that the court of appeals

must give an inmate an opportunity to cure a section 14.004 filing defect in an appellate proceeding,

through an amended filing, before the court can dismiss the appeal. Accordingly, we grant Brown’s

petition for review, and without hearing oral argument, TEX . R. APP . P. 59.1, we reverse the court

of appeals’ judgment and remand the case to the court of appeals to allow Brown an opportunity to

cure his section 14.004(a) filing defect.

OPINION DELIVERED: July 1, 2016

2

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3219674. Public record. Not legal advice.