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In re Montes

Court of Appeals of Texas, Third District, Austin
Nov 29, 2022
No. 03-22-00738-CV (Tex. App. Nov. 29, 2022)

Opinion

03-22-00738-CV

11-29-2022

In Re Daniel Montes, Jr.


ORIGINAL PROCEEDING FROM HAYS COUNTY

Before Chief Justice Byrne, Justices Triana and Kelly

MEMORANDUM OPINION

DARLENE BYRNE, CHIEF JUSTICE

Relator is a vexatious litigant and has filed a document, which we treat as a petition for writ of mandamus based on the substance of his filing, challenging the order of the local administrative judge denying Relator's request for leave to file a motion to vacate the prefiling order. See Tex. Civ. Prac. & Rem. Code §§ 11.101, .102; see also Surgitek, Bristol-Myers Corp. v. Abel, 997 S.W.2d 598, 601 (Tex. 1999) (considering the substance of pleading rather than form or caption to determine its nature). We deny the petition for writ of mandamus. Relator's motion to proceed in forma pauperis is also denied.


Summaries of

In re Montes

Court of Appeals of Texas, Third District, Austin
Nov 29, 2022
No. 03-22-00738-CV (Tex. App. Nov. 29, 2022)
Case details for

In re Montes

Case Details

Full title:In Re Daniel Montes, Jr.

Court:Court of Appeals of Texas, Third District, Austin

Date published: Nov 29, 2022

Citations

No. 03-22-00738-CV (Tex. App. Nov. 29, 2022)