Opinion
NO. 03-15-00550-CV
08-31-2015
In re Estate of Miguel Alonso Hernandez, Deceased
FROM THE COUNTY COURT AT LAW NO. 1 OF HAYS COUNTY
NO. 9634-P, HONORABLE ROBERT UPDEGROVE, JUDGE PRESIDING
MEMORANDUM OPINION
We substitute the current judge of this court for Judge Howard S. Warner, who signed the order appealed here but is now deceased.
Appellants Daniel Montes, Juana Perez Hernandez, and Elizabeth H. Hudson filed this attempted appeal from a 2003 order entered under chapter 11 of the Texas Civil Practice and Remedies Code declaring them vexatious litigants. See Tex. Civ. Prac. & Rem. Code § 11.101(a); http://www.txcourts.gov/judicial-data/vexatious-litigants.aspx. Appellants contend that chapter 11 affords them an appeal of the 2003 order, but nothing in the statute allows an appeal of the order more than eleven years after it was signed. See Tex. Civ. Prac. & Rem. Code § 11.101(c); Tex. R. App. P. 26.1 (time to perfect appeals).
After we dismissed petitions for writ of mandamus (and various motions) that appellant Montes filed without obtaining the prefiling order required under chapter 11, Montes removed the cause to federal court. See In re Montes, No. 03-15-00472-CV, 2015 Tex. App. LEXIS 8648, at *2 (Tex. App.—Austin Aug. 18, 2015, orig. proceeding) (mem. op.); see also Tex. Civ. Prac. & Rem. Code § 11.102. --------
Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 2, 42.3(a).
/s/_________
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Pemberton and Field Dismissed for Want of Jurisdiction Filed: August 31, 2015