Opinion
No. 05-13-00819-CV
08-19-2013
LOWELL MERRITT, Appellant v. ROBERT DAVIS, Appellee
DISMISS; Opinion Filed August 19, 2013.
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-01630-2013
MEMORANDUM OPINION
Before Justices Lang, Myers, and Evans
Opinion by Justice Evans
This is an attempted appeal from the trial court's order dismissing Lowell Merritt's "bill of review." The trial court's order reflects Merritt, who has been declared a vexatious litigant and is subject to a pre-filing order under section 11.101 of the Texas Civil Practice and Remedies Code, failed to obtain an order from the local administrative judge permitting him to proceed with his litigation. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 11.101, 11.103 (West Supp. 2012). By letter dated July 18, 2013, the Collin County District Clerk informed us that the local administrative judge had also denied the filing of Merritt's appeal. See id. § 11.103. Because a vexatious litigant may not file an appeal without an order from the local administrative judge permitting the filing, we directed Merritt to file a letter brief demonstrating grounds for continuing the appeal. See id. Merritt responded, but his response fails to show the appeal may proceed. Accordingly, we dismiss the appeal. See id. 130819F.P05
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DAVID EVANS
JUSTICE
JUDGMENT
LOWELL MERRITT, Appellant
V. ROBERT DAVIS, Appellee No. 05-13-00819-CV
On Appeal from the 380th Judicial District
Court, Collin County, Texas
Trial Court Cause No. 380-01630-2013.
Opinion delivered by Justice Evans.
Justices Lang and Myers participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellee Robert Davis recover his costs, if any, of this appeal from appellant Lowell Merritt.
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DAVID EVANS
JUSTICE
See http://www.txcourts.gov/oca/Vexatious_Litigants.pdf (listing vexatious litigants subject to prefiling orders under section 11.101 of the Texas Civil Practice and Remedies Code). We take judicial notice of this list. See Douglas v. Am. Title Co., 196 S.W.3d 876, 878 n.2 (Tex. App.—Houston [1st Dist.] 2006, no pet.) (taking judicial notice of Harris County record of vexatious litigants).