Opinion
No. 08-15-00303-CV
01-13-2016
ROSA SERRANO D/B/A THE LENS FACTORY, Appellant, v. LONE STAR TITLE COMPANY, Appellee.
Appeal from County Court at Law No. 7 of El Paso County, Texas (TC # 2013-DCV3139) MEMORANDUM OPINION
This appeal is before the Court to determine whether we have jurisdiction of this appeal. Finding that an appeal of the trial court's order is prohibited by statute, we dismiss the appeal for want of jurisdiction.
Appellant filed suit in 2013 against Pellicano Business Park, Old Republic National Title Insurance Company and City Bank Texas, N.A. On January 28, 2015, the trial court entered an order finding that Appellant is a vexatious litigant and requiring her to post security to maintain the suit against these defendants. The trial court also entered a pre-filing order which prohibited Appellant from filing any new litigation without first obtaining permission from the local administrative judge. Two months later, Appellant an amended petition naming Lone Star Title Company (Lone Star) a defendant. It is undisputed she did not obtain permission from the local administrative judge before filing her claims against Lone Star. Lone Star filed a motion to dismiss based in part on Appellant's failure to comply with the pre-filing order's requirements. The trial court granted that motion and dismissed Appellant's claims against Lone Star. Appellant timely filed notice of appeal.
A court of appeals' jurisdiction is defined by the Texas Constitution and by statute. See TEX.CONST. art. V, § 1 (courts in which judicial power is vested), TEX.CONST. art. V, § 6 (providing that the court of appeals "shall have such other jurisdiction, original and appellate, as may be prescribed by law."); TEX.GOV'T CODE ANN. § 21.001 (West 2004)(inherent power and duty of courts), TEX.GOV'T CODE ANN. § 22.220 (West Supp. 2015)(civil jurisdiction), TEX.GOV'T CODE ANN. § 22.201 (courts of appeals districts). Section 11.103 of the Civil Practice and Remedies Code provides that a clerk of a court may not file a litigation, original proceeding, appeal, or other claim presented, pro se, by a vexatious litigant subject to a prefiling order under Section 11.101 unless the litigant obtains an order from the appropriate local administrative judge described by Section 11.102(a) permitting the filing. TEX.CIV.PRAC. &REM.CODE ANN. 11.103(a)(West Supp. 2015). If a clerk mistakenly files a new litigation or claim, any party may file a notice stating that the person is a vexatious litigant who is required to obtain permission under Section 11.102. TEX.CIV.PRAC.&REM.CODE ANN. 11.1035(a). After the trial court is notified that the clerk mistakenly filed the litigation, the court is required to dismiss the litigation unless the vexatious litigant, within ten days, obtains an order from the appropriate local administrative judge permitting the filing of the litigation. TEX.CIV.PRAC.& REM.CODE ANN. 11.1035(b). An order dismissing litigation that was mistakenly filed by a clerk may not be appealed. TEX.CIV.PRAC. & REM.CODE ANN. § 11.1035(c).
The Court sent Appellant a letter informing her that Section 11.1035(c) prohibits an appeal from an order dismissing a vexatious litigant's suit or claims filed due to non-compliance with the requirements of a pre-filing order. The letter further advised Appellant that we intended to dismiss the appeal for want of jurisdiction unless she demonstrated grounds for continuing the appeal. See TEX.R.APP.P. 42.3. Appellant filed a response, but she failed to show that we have jurisdiction of the appeal. Accordingly, we dismiss the appeal for want of jurisdiction. January 13, 2016
ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Hughes, JJ.
Hughes, J., not participating