Opinion
No. 04-19-00273-CV
05-09-2019
John M. DONOHUE, Appellant v. BANDERA COUNTY LAW ENFORCEMENT PERSONNEL: Daniel R. Butts, J.J. Martinez, Gerald Johnson, Rod Chalmers, D.J. Nowlin, Ernest Ferniz, Luis Moreno, Kim Manglberger, Chris Ahumada, Shane Merritt, Jose Hernandez, Matt Hernandez, Birdie Tyler; Boerne Police Department Personnel: Pablo Morales; San Antonio Police Department Personnel: Perla Dominguez and Kevin Nakata; Denice Martinez and Martha L. Donouhue, Appellees
From the 198th Judicial District Court, Bandera County, Texas
Trial Court No. CV-15-0000271
Honorable M. Rex Emerson, Judge Presiding
ORDER
On April 30, 2019, pro se appellant John M. Donohue filed a notice of appeal in this court in which he states he is appealing the trial court's April 2, 2019 order denying his motion to reinstate, which was filed in response to the trial court's order dismissing for want of prosecution. We construe this as an appeal from the trial court's February 19, 2019 order dismissing for want of prosecution.
The clerk's record was filed in this court on May 7, 2019. Our review of the record shows that on December 9, 2015, the trial court rendered an order declaring Donohue a vexatious litigant. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.101 (stating court may render order prohibiting person from filing, pro se, new litigation in court to which order applies without permission of appropriate local administrative judge if court finds, after notice and hearing, that person is vexatious litigant); see also id. § 11.054 (setting bases for declaring litigant vexatious). In its order, the trial court prohibited Donohue "from filing any new litigation in Texas as a pro se party without first obtaining permission to sue from a local administrative judge." See id. § 11.101.
Chapter 11 of the Texas Civil Practice and Remedies Code governs vexatious litigants in Texas. Under this statute, "[a] clerk of a court may not file a litigation, original proceeding, appeal, or other claim presented, pro se, by a vexatious litigant subject to a prefiling order under Section 11.101 unless the litigant obtains an order from the appropriate administrative judge described in Section 11.102(a) permitting the filing." Id. § 11.103(a) (emphasis added). The only exception provided by the statute is that a clerk of a court of appeals may file an appeal from a prefiling order entered under section 11.101 or a timely filed writ of mandamus under section 11.102. See id. § 11.103(d). Chapter 11 further describes the procedures courts must follow when litigation is mistakenly filed by a vexatious litigant. See id. § 11.1035(b). This procedure consists of dismissing the litigation unless the vexatious litigant demonstrates to the court that he has obtained an order from the appropriate administrative judge permitting the filing. See id.
In its order, the trial court designated Donohue a vexatious litigant subject to a prefiling order under section 11.101 of the Texas Civil Practice and Remedies Code. Donohue's name appears on the current list of vexatious litigants maintained by the Texas Office of Court Administration based on the trial court's December 9, 2015 order. Furthermore, the exception enumerated in section 11.103(d) of the Texas vexatious litigant statute does not apply in this appeal because Donohue is not appealing the order designating him a vexatious litigant, but rather an order dismissing for want of prosecution.
Accordingly, we will dismiss this appeal unless Donohue causes to be filed in this court on or before May 20, 2019, an order from the appropriate local administrative judge granting him permission to bring this appeal.
/s/_________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of May, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court