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Wade v. Smalley

Court of Appeals Ninth District of Texas at Beaumont
Nov 7, 2019
NO. 09-19-00291-CV (Tex. App. Nov. 7, 2019)

Opinion

NO. 09-19-00291-CV

11-07-2019

ALEX MELVIN WADE JR., Appellant v. ARTHUR SMALLEY AND WOODFOREST NATIONAL BANK, Appellees


On Appeal from the 284th District Court Montgomery County, Texas
Trial Cause No. 17-05-06174-CV

MEMORANDUM OPINION

Appellant Alex Melvin Wade Jr. has been declared a vexatious litigant and is prohibited from filing pro se any new litigation in a court of this State without first obtaining permission from the local administrative judge. See Tex. Civ. Prac. & Rem. Code Ann. §§ 11.102(a), 11.103(a). Wade filed his notice of appeal pro se without first obtaining the required permission.

A clerk of a court may not file litigation presented, pro se, by a vexatious litigant who is subject to a prefiling order unless the litigant obtains an order from the local administrative judge permitting the filing. Tex. Civ. Prac. & Rem Code Ann. § 11.103(a). By letters dated September 17, 2019, September 25, 2019, and October 7, 2019, we notified the parties that Wade is a vexatious litigant and warned that the appeal would be dismissed unless we received an order from the local administrative judge. See Tex. Civ. Prac. & Rem. Code Ann. § 11.102(a). We have not received notice that the local administrative judge has permitted the filing of litigation by Wade. Accordingly, the appeal is dismissed.

APPEAL DISMISSED.

/s/_________

CHARLES KREGER

Chief Justice Submitted on November 6, 2019
Opinion Delivered November 7, 2019 Before McKeithen, C.J., Kreger and Horton, JJ.


Summaries of

Wade v. Smalley

Court of Appeals Ninth District of Texas at Beaumont
Nov 7, 2019
NO. 09-19-00291-CV (Tex. App. Nov. 7, 2019)
Case details for

Wade v. Smalley

Case Details

Full title:ALEX MELVIN WADE JR., Appellant v. ARTHUR SMALLEY AND WOODFOREST NATIONAL…

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Nov 7, 2019

Citations

NO. 09-19-00291-CV (Tex. App. Nov. 7, 2019)