law-dismissal-without-hearing | dismissal with and without prejudice | dismissal for want of prosecutioin DWOP
dismissal-with-prejudice-vs-without-prejudice | dismissal for want of prosecution (DWOP) | dismissal for want, lack
of jurisdiction | dismissal without a hearing on the pleadings | special exceptions | opportunity to amend, replead |
DISMISSAL WITHOUT HEARING | DISMISSAL ON THE PLEADINGS |
OPPORTUNITY TO AMEND
[1] A trial court's dismissal of a claim without conducting a fact hearing can be affirmed on appeal only if the
claim has no arguable basis in law. Retzlaff v. Texas Dep't of Criminal Justice, 94 S.W.3d 650, 653 (Tex. App.-
Houston [14th Dist.] 2002, pet denied).
Anthony v. Owens (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)(Brown)
(prisoners pro se IFP suit complaining of denial of parole dismissal without opportunity to amend, dismissal with
prejudice, dismissal without evidentiary hearing)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-07-01077-CV Milton James Anthony v. Rissie Owens, Linda Garcia, Charles Aycock, Juanita Gonzales, Jose
Aliseda, Jane/John Doe (1 , Jane/John Doe (2
Appeal from 412th District Court of Brazoria County