Opinion
NO. 09-12-00328-CV
10-04-2012
BARRY DWAYNE MINNFEE, Appellant v. JAMIE WILLIAMS AND WILLIAM C. HAMAN, Appellees
On Appeal from the 359th District Court
Montgomery County, Texas
Trial Cause No. 11-04-03713 CV
MEMORANDUM OPINION
On July 12, 2012, Barry Dwayne Minnfee filed a notice of appeal from a judgment signed on June 21, 2012. Minnfee is a vexatious litigant subject to a prefiling order. See Minnfee v. Simms, No. 03-07-00374-CV, 2008 WL 678554, at * 4 (Tex. App.—Austin Mar. 13, 2008, no pet.) (mem. op.); see also Office of Court Administration, Vexatious Litigants, http://www.courts.state.tx.us/oca/pdf/vex/BarryDwayneMinnfee.pdf. A clerk of a court may not file litigation presented by a vexatious litigant subject to a prefiling order unless the litigant obtains an order from the local administrative judge permitting the filing. Tex. Civ. Prac. & Rem. Code Ann. § 11.103(a) (West Supp. 2012). On September 6, 2012, we notified the parties that the appeal would be dismissed unless on or before September 17, 2012, we received the order. See Tex. Civ. Prac. & Rem. Code Ann. § 11.102(a) (West Supp. 2012). We have not received notice that the local administrative judge has permitted the filing of litigation by Minnfee; accordingly, the appeal is dismissed.
APPEAL DISMISSED.
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DAVID GAULTNEY
Justice
Before McKeithen, C.J., Gaultney and Horton, JJ.