WALTER MITCHELL, Appellant v. CARLA BERRY, NORRIS BOOTH, BRAD NATHAN WALKER, MARIA ALICIA GARCIA, JOHN DOE AND THE CITY OF DALLAS, Appellees

State: Texas

Court: Texas Northern District Court

Docket No: 05-06-01328-CV

Case Date: 11/20/2007

Plaintiff: WALTER MITCHELL, Appellant

Defendant: CARLA BERRY, NORRIS BOOTH, BRAD NATHAN WALKER, MARIA ALICIA GARCIA, JOHN DOE AND THE CITY OF DALLAS

Preview:WALTER MITCHELL, Appellant v. CARLA BERRY, NORRIS BOOTH, BRAD NATHAN WALKER, MARIA ALICIA GARCIA, JOHN DOE AND THE CITY OF DALLAS, Appellees
AFFIRM and Opinion Filed November 20, 2007

In The Court of Appeals Fifth District of Texas at Dallas ............................ No. 05-06-01328-CV ............................ WALTER MITCHELL, Appellant V. CARLA BERRY, NORRIS BOOTH, BRAD NATHAN WALKER, MARIA ALICIA GARCIA, JOHN DOE AND THE CITY OF DALLAS, Appellees ............................................................. On Appeal from the 14th District Court Dallas County, Texas Trial Court Cause No. 05-11439-A ............................................................. MEMORANDUM OPINION Before Justices Whittington, Wright, and FitzGerald Opinion By Justice FitzGerald Walter Mitchell appeals the dismissal of his suit against Carla Berry, Norris Booth, Brad Nathan Walker, Maria Alicia Garcia, John Doe, and the City of Dallas under section 13.001 of the Texas Civil Practice and Remedies Code. Appellant brings thirty issues on appeal. We affirm the trial court's judgment. BACKGROUND In bringing this lawsuit, appellant filed an affidavit of inability to pay costs under rule of civil procedure 145. See Tex. R. Civ. P. 145. In his affidavit, appellant stated he owned no real estate. Appellant sued the City and Berry, a code-compliance officer for the City, on November 10, 2005. Appellant alleged that on October 7, 2005, Berry oversaw the towing of appellant's 1952 pickup truck as a code violation. Appellant sought a temporary restraining order to stop the City from selling the truck and cash damages of $500,000 each from the City and Barry. After a hearing on January 5, 2006, the trial court denied as moot the request for temporary restraining order because the truck had already been sold. On February 24, 2006, the City and Berry filed a motion to dismiss appellant's action as frivolous or malicious under section 13.001, asserting appellant's action was barred by governmental immunity and official immunity. See Tex. Civ. Prac. & Rem. Code Ann.

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