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HAMILTON v. PECHACEK

No. 2-09-115-CV.

319 S.W.3d 801 (2010)

Jim H. HAMILTON, Jr., Appellant, v. Emil J. PECHACEK, Appellee.

Court of Appeals of Texas, Fort Worth.

March 11, 2010.

Attorney(s) appearing for the Case

Jim H. Hamilton, Jr. , Iowa Park, TX, pro se.

Greg Abbott , Attorney General, David A. Talbot, Jr. , Attorney General, Chief, Law Enforcement Defense Division, C. Andrew Webber , First Asst. Attorney General, David S. Morales , Deputy Attorney General for Litigation, Harold Liller , Assistant Attorney General, Austin, TX, for Appellee.

PANEL: LIVINGSTON, WALKER, and MEIER, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

Appellant Jim H. Hamilton, Jr., an inmate proceeding pro se and in forma pauperis, challenges the trial court's order dismissing his lawsuit against Appellee Emil J. Pechacek. In five points, Hamilton asserts that the trial court erred by dismissing his suit with prejudice under chapter 14 of the Texas Civil Practice and Remedies Code without conducting a hearing on Pechacek's motion to dismiss or on...

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