Opinion
Nos. 01-03-00004-CV, 01-03-00506-CV, 01-03-00508-CV, 01-03-00509-CV, 01-03-00511-CV, 01-03-00512-CV.
Opinion issued: September 4, 2003
Original Proceedings on Petitions for Writs of Mandamus, Prohibition, and Injunction.
Panel consists of Justices HEDGES, JENNINGS, and ALCALA.
MEMORANDUM OPINION
Relator Ronald X. Gordon currently has six related proceedings pending before this Court: (1) a petition for a writ of mandamus directed at Judge Frank Carmona (appellate cause number 01-03-00004-CV); (2) a petition for a writ of mandamus directed at Judge Susan Criss (appellate cause number 01-03-00506-CV); (3) a petition for a writ of prohibition directed at Judge Carmona (appellate cause number 01-03-00508-CV); (4) a petition for a writ of prohibition directed at Judge Criss (appellate cause number 01-03-00509-CV); (5) a petition for a writ of injunction directed at Judge Carmona (appellate cause number 01-03-00511-CV); and (6) a petition for a writ of injunction directed at Judge Criss (appellate cause number 01-03-00512-CV).
The Honorable John A. Ellisor has recently been appointed as judge of the 122th District Court of Galveston County, Texas.
The Honorable Susan Criss, judge of the 212th District Court of Galveston County, Texas.
Gordon asked Judge Ellisor to reconsider Judge Carmona's original decisions, and on July 29, 2003, Judge Ellisor denied Gordon's request for a hearing on Gordon's motion to "Re-Open/Set Aside Vacate Order Determining Plaintiff A Vexatious Litigant." Gordon v. James, No. 98-CV-0196 (122d Dist. Ct., Galveston County, Tex. July 29, 2003) (order signed by Judge Ellisor denying request for hearing); see Gordon v. Tex. First Bank — Texas City, No. 97-CV-1156 (212th Dist. Ct., Galveston County, Tex. July 24, 1998) (order signed by Judge Frank Carmona determining Gordon to be vexatious litigant and prohibiting Gordon from filing further litigation against Texas First Bank — Texas City in any state court); see also TEX. CIV. PRAC. REM. CODE ANN. 11.001-.104 (Vernon 2002) (vexatious litigants).
Gordon does not explain how his petitions for writs of mandamus (appellate cause number 01-03-00004-CV), prohibition (appellate cause number 01-03-00508-CV), and injunction (appellate cause number 01-03-00511-CV) currently directed at Judge Ellisor — the sitting judge of the 122th District Court of Galveston County — for an order in trial court cause number 98-CV-0196 can provide a remedy for the alleged erroneous 1998 order by Judge Carmona in trial court cause number 97-CV-1156, who at that time was the sitting judge of the 212th District Court of Galveston County. We also note that on December 5, 2002, this Court dismissed Gordon's appeal of trial court cause number 98-CV-0196 for want of prosecution. Gordon v. James, No. 01-00-00232-CV (Tex.App.-Houston [1st Dist.] Dec. 5, 2002, no pet.).
Gordon alleges that Judge Criss has enforced the July 24, 1998 vexatious-litigant order in another case, but does not otherwise argue why we should grant his petitions for writs of mandamus (appellate cause number 01-03-00506-CV), prohibition (appellate cause number 01-03-00509-CV), and injunction (appellate cause number 01-03-00512-CV) directed at her. See Gordon v. Williams, No. 95-CV-0315 (212th Dist. Ct., Galveston County, Tex.), aff'd, No. 01-97-01082-CV (Tex.App.-Houston [1st Dist.] June 18, 1998, pet. denied) (not designated for publication).
The ultimate relief Gordon requests from this Court is an order that he have title and possession to his former house. The house was conveyed from (1) Gordon to Harris T. Aldridge, Gordon's bondsman, in 1991, (2) Aldridge to Alton V. Williams, Gordon's attorney, in 1992, and (3) Williams to Anna Marie Madison, Williams's fianc~~~e, in 1994. Gulf National Bank (now Texas First Bank — Texas City), which financed Madison's mortgage, foreclosed on the house in 1996. Gordon v. Madison, 9 S.W.3d 476, 478 (Tex.App.-Houston 2000), rev'd, 39 S.W.3d 604 (Tex. 2001). These original proceedings are, therefore, a collateral attack on the Bank's title to the house, and, in fact, Gordon lists the Bank as a real party in interest in these original proceedings. In 2001, the Texas Supreme Court rendered judgment in favor of Madison, holding she was a bona fide purchaser of the house and not subject to Gordon's claims of ownership. 39 S.W.3d at 607.
The Bank filed with a Clerk of this Court notice that Gordon is a vexatious litigant who is prohibited from filing new litigation in a court of this State. See TEX. CIV. PRAC. REM. CODE ANN. 11.101-.103 (Vernon 2002). Under Civil Practice and Remedies Code section 11.103(b), Gordon was required to file with the Clerk of this Court an order from the local administrative judge permitting the filing the litigation. He has not done so, nor has he demonstrated why an appeal directly attacking the validity of the July 24, 1998 vexatious-litigant order was not an adequate remedy.
We dismiss appellate cause numbers 01-03-00004-CV, 01-03-00506-CV, 01-03-00508-CV, 01-03-00509-CV, 01-03-00511-CV, and 01-03-00512-CV. We also dismiss any pending motions. See TEX. CIV. PRAC. REM. CODE ANN. 11.103(b) (Vernon 2002).