Court of Civil Appeals of Texas, 2009

Herby Armendariz v. Chief – Odessa Police Department

Herby Armendariz v. Chief – Odessa Police Department
Court of Civil Appeals of Texas · Decided August 28, 2009

Herby Armendariz v. Chief – Odessa Police Department

Opinion

Opinion filed August 28, 2009

 

 

Opinion filed August 28, 2009

 

 

 

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                  ___________

 

                                                          No. 11-09-00125-CV

                                                    __________

 

                                   HERBY ARMENDARIZ, Appellant

 

                                                             V.

 

              CHIEF - ODESSA POLICE DEPARTMENT ET AL, Appellees

 

 

                                         On Appeal from the 244th District Court

 

                                                           Ector County, Texas

 

                                                Trial Court Cause No. C-127,412

 

 

                                             M E M O R A N D U M   O P I N I O N

Herby Armendariz sued Odessa Police Department Chief and various officers for $5000 in damages as a result of an alleged invasion of Armendariz=s privacy.  The trial court dismissed Armendariz=s suit for failure to comply with the requirements of Tex. Civ. Prac. & Rem. Code Ann. '' 14.001-.006 (Vernon 2002).  We affirm.


Armendariz has filed two memorandums arguing that his suit is not frivolous, but he does not address the trial court=s findings that he failed to comply with the statutory requirements of Articles 14.003 and 14.004.  We have reviewed the record before this court and find that the trial court did not abuse its discretion.  Armendariz failed to comply with the appropriate statutory requirements for his suit.  All of Armendariz=s contentions have been considered, and each is overruled.

The order of the trial court is affirmed.

 

 

PER CURIAM

 

August 28, 2009

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.

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