Court of Civil Appeals of Texas, 1991

Smith v. Stevens

Smith v. Stevens
Court of Civil Appeals of Texas · Decided November 26, 1991 · Trevathan, O'Connor, Cohen
822 S.W.2d 152; 1991 WL 248680 (South Western Reporter, Second Series)

Smith v. Stevens

Opinion

OPINION

COHEN, Justice.

Appellant, Willie Smith, a state prison inmate, sued a prison guard, Dale Stephens, for $3.55 in actual damages, an injunction, and a declaratory judgment. Smith claims Stephens took his coffee bag and two packs of cigarettes. Six days after Smith sued, the trial court found the suit was frivolous and dismissed it with prejudice, pursuant to Tex.Civ.PRAC. & Rem. Code Ann. § 13.001 (Vernon Supp. 1991). We affirm.

De minimus non curiat lex. The law cares not for small things. Black’s Law Dictionary 388 (5th ed. 1979). Any error is harmless because the amount of actual damages is insignificant. Thompson v. Mannix, 814 S.W.2d 811, 812 (Tex.App.—Waco 1991, no writ); Birdo v. Ament, 814 S.W.2d 808, 810 (Tex.App.—Waco 1991, writ requested).

This appeal is frivolous. We assess damages against Smith of $1420.00, which equals ten times the taxable costs. Tex. R.App.P. 84.

*153 The judgment is affirmed. Costs are assessed against Smith in amount of $1420.00.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.