Opinion
No. 04-17-00380-CV
07-10-2017
Arthur RAKOWITZ, Appellant v. Wayne PITTMAN and Barbara Pittman, et al., Appellee
From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2017-CI-01622
Solomon Casseb III, Judge Presiding
ORDER
Appellant, Arthur Rakowitz, has filed a notice stating his desire to appeal an interlocutory order in which the trial court found Rakowitz to be a vexatious litigant and required Rakowitz to post security. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 11.054, 11.055 (West 2017). This court has jurisdiction to consider an appeal of an interlocutory order only if appeal is expressly authorized by statute. Stary v. DeBord, 967 S.W.2d 352, 352 (Tex. 1998); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992).
A clerk's record has been filed. The record includes "judge's notes" that refer to an order that declares Rakowitz to be a vexatious litigant and requires security; however, there is no written, signed order in the record, nor does the docket sheet reflect that such an order has been signed.
Accordingly, we order Rakowitz to file a response by July 20, 2017, showing authority for an interlocutory appeal and showing why this appeal should not be dismissed for want of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See Tex. R. App. P. 42.3(c). All deadlines in this matter are suspended until further order of the court. Appellant has the burden to request the trial court clerk prepare a supplemental clerk's record containing all pleadings and orders necessary to establish this court's jurisdiction. Appellant must file a copy of any request for a supplemental record with this court.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of July, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk