Drake v. Saerom Choi

Full title: ERIC DRAKE, Appellant v. SAEROM CHOI, Appellee

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 9, 2017

No. 05-17-01082-CV (Tex. App. Oct. 9, 2017)

Opinion

No. 05-17-01082-CV

10-09-2017

ERIC DRAKE, Appellant v. SAEROM CHOI, Appellee

CAROLYN WRIGHT CHIEF JUSTICE

On Appeal from the 95th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-16-08655

ORDER

Appellant has been declared a vexatious litigant. By letter dated September 28, 2017, we instructed appellant to file, by October 9, 2017, a written order from the local administrative judge giving him permission to file this appeal. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 11.102(a), 11.103(a) (West Supp. 2016). We cautioned appellant that failure to provide the requested documentation by the date specified may result in dismissal of the appeal without further notice.

Before the Court is appellant's October 5, 2017 motion requesting injunctive relief prohibiting the Clerk of this Court from dismissing the appeal and seeking an order for the local administrative judge to rule on his request for permission. Appellant states that he "forwarded a letter to the 95th Judicial District Court requesting permission on September 20, 2017." He states that when he later checked with the trial court clerk, "the trial court acted as if they did not have the document." We DENY appellant's motion.

Because it appears the local administrative judge may not have received appellant's September 20th letter requesting permission to file this appeal, the Court, on its own motion and as a courtesy, is forwarding a copy of this order with a copy of appellant's October 5th motion attached to the local administrative judge. Appellant's September 20th letter is attached to the motion as Exhibit A. We extend the time to October 20, 2017 for appellant to provide this Court with a written order from the local administrative judge giving him permission to file this appeal. We caution appellant that failure to file the requested documentation by October 20, 2017 will result in dismissal of the appeal without further notice.

We DIRECT the Clerk of this Court to send a copy of this order with a copy of appellant's October 5th motion attached to the Honorable Ken Molberg, Local Administrative Judge, and all parties.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE