Opinion
No. 05-19-00038-CV
08-13-2019
BASIL BROWN, Appellant v. ROBERT HAWKINS, Appellee
On Appeal from the County Court At Law No. 1 Kaufman County, Texas
Trial Court Cause No. 16C-0127
ORDER
Appellant is a vexatious litigant and is required to obtain permission from the local administrative judge to file this appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.103(a). Before the Court is appellant's verified motion requesting this Court to order that he be served a copy of the local administrative judge's order on his motion for permission to appeal. We DENY the motion.
The record before us shows that on June 21, 2019, Judge Blair signed an order denying appellant's motion for permission to appeal. Appellant had thirty days to seek review of the June 21st order by applying for a writ of mandamus with this Court. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.102(f). At this point, appellant has not timely sought review of the order. Further, in his motion, appellant states that "[a]s of July 24, 2019, [he] does not know whether Judge Blair denied [him] permission to proceed in this appeal or granted [him] permission to proceed in this appeal." To extend his deadline to seek review, appellant must first timely seek relief from the trial court pursuant to rule of civil procedure 306a.5. See TEX. R. CIV. P. 306a.5.
Rule of appellate procedure 4.2 states the procedure to gain additional time to file documents where a party alleges that he did not receive notice of a judgment or order. See TEX. R. APP. P.4.2(a)(1). To gain additional time, rule 4.2 provides that a party must comply with Texas Rule of Civil Procedure 306a.5. Id. 4.2(b); TEX. R. CIV. P. 306a.5. Rule 306a.5 provides that, to gain additional time, a party is required to prove in the trial court, on sworn motion and notice, the date on which the party or his attorney first either received a notice of the judgment or acquired actual knowledge of the signing and that this date was more than twenty days after the judgment was signed. See TEX. R. CIV. P. 306a.5. After hearing the motion, the trial court must sign a written order that finds the date when the party or the party's attorney first either received notice or acquired actual knowledge that the judgment or order was signed. See TEX. R. APP. P. 4.2(c).
We DIRECT the Clerk of this Court to send a copy of this order to Judge Blair and all parties.
/s/ BILL WHITEHILL
JUSTICE