Opinion
NO. 03-19-00706-CV
10-18-2019
Frederick O. Silver, Appellant v. Greg Abbott, in his official capacity as Governor of Texas, and the State of Texas, Appellees
FROM THE 200TH DISTRICT COURT OF TRAVIS COUNTY, NO. D-1-GN-19-006630, THE HONORABLE JAN SOIFER, JUDGE PRESIDING ORDER
PER CURIAM
Appellant Frederick O. Silver has filed a notice of appeal from the trial court's order granting appellees' plea to the jurisdiction and motion to sever. Appellant, however, has been designated a vexatious litigant.
The trial court assigned cause number D-1-GN-19-006630 for the severed action from cause number D-1-GN-19-002577.
A vexatious litigant must comply with the procedures set forth in Chapter 11 of the Texas Civil Practice and Remedies Code as a prerequisite to filing "new litigation," including obtaining permission from the appropriate local administrative judge to file an appeal. See Tex. Civ. Prac. & Rem. Code §§ 11.102 (generally prohibiting vexatious litigant from filing "new litigation" without permission from local administrative judge), .103 (generally prohibiting clerk of court from filing "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"); Johnson v. Hughey, No. 06-12-00079-CV, 2012 WL 4761546, at *1-2 (Tex. App.—Texarkana Oct. 5, 2012, no pet.) (mem. op.). The appropriate local administrative judge with respect to the filing of this appeal is: The Honorable Tim Sulak
353rd District Court
Travis County Courthouse
P. O. Box 1748
Austin, Texas 78767.
Accordingly, this appeal is immediately stayed. This Court orders appellant within thirty days of the date of this order to demonstrate to this Court that he has obtained permission from the local administrative judge to file this appeal. If he fails to comply with this order within 30 days of the date of this order, this Court will dismiss the appeal for want of jurisdiction.
It is ordered on October 18, 2019. Before Justices Goodwin, Baker, and Kelly