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Terry Preston Miller v. Richard W. Harvey, Talline M. Dunn, and Clayton D. Irby
Citation: Not availableDocket: 10-09-00106-CV
Court: Court of Appeals of Texas; May 18, 2011; Texas; State Appellate Court
Original Court Document: View Document
Terry Preston Miller, an inmate, filed a pro se lawsuit against several Texas Department of Criminal Justice (TDCJ) employees, alleging wrongful confiscation of his books and magazines. The lawsuit, seeking $499.00 in damages, was filed as an indigent claim, triggering the provisions of Chapter 14 of the Texas Civil Practice and Remedies Code. The trial court dismissed Miller's suit based on its determination that it lacked subject-matter jurisdiction due to the amount in controversy being less than $500, which does not meet the jurisdictional threshold for district court cases. The appellate court highlighted that subject-matter jurisdiction is essential and cannot be presumed or waived, with the amount in controversy determined by the plaintiff's petition. It referenced similar cases to reinforce that the trial court's jurisdiction is limited by the claimed amount. Since Miller's petition indicated an intention to file in small claims court, but was instead filed in district court, the appellate court concluded that the trial court should have dismissed the case for lack of jurisdiction without considering the merits or frivolity of the claims under Chapter 14. Consequently, the appellate court vacated the trial court's dismissal order and dismissed the case for want of jurisdiction, as it could not review the merits due to the jurisdictional issue. The opinion was delivered by Justice Rex D. Davis on May 18, 2011.