Opinion
14-22-00881-CV
09-28-2023
RONALD SCOTT CATT, Appellant v. BRIAN MIDDLETON IN HIS OFFICIAL CAPACITY AS DISTRICT ATTORNEY OF FORT BEND COUNTY, Appellee
On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Cause No. 22-DCV-290442
Panel Consists of Justices Spain, Poissant, and Wilson.
ORDER
PER CURIAM
Appellant Ronald Scott Catt originally appealed from an order signed September 20, 2022 dismissing his claims against Brian Middleton in his official capacity as District Attorney of Fort Bend County and declaring Catt to be a vexatious litigant who is prohibited from filing, pro se, new litigation in a court to which the order applies without seeking the permission of the local administrative judge. See Tex. Civ. Prac. & Rem. Code Ann. § 11.102. A review of the record indicated the order was not a final judgment, as it appeared appellant still had claims outstanding against the State of Texas. Accordingly, on April 4, 2023, this court abated the appeal to allow the trial court to clarify whether the appealed-from order was a final judgment and to permit the parties to obtain an order or orders disposing of the outstanding claims.
On September 21, 2023, a supplemental clerk's record was filed containing, among other things, an order the trial court signed that day dismissing all of appellant's claims against the State, and which moreover declared it was a final order. As the order explicitly disposed of all claims against all parties before the trial court, it constitutes a final judgment. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001).
Additionally, the district attorney filed a motion to dismiss for want of jurisdiction, contending that Catt's notice of appeal was untimely. Catt alleged that on November 21, 2022 he placed the notice of appeal in the prison mailbox where he is incarcerated. However, because appellant's notice of appeal was filed before the trial court signed its final judgment on September 21, 2023, which began the period for perfecting this appeal, the notice of appeal was premature and thus is deemed to have been filed on September 21, 2023. See Tex. R. App. P. 27.1(a). As this makes appellant's notice of appeal timely, we deny the motion to dismiss.
We reinstate the appeal. As Catt has already filed his appellant's brief, the district attorney's brief as appellee is due 30 days from the date of this order.