Opinion
No. 30722
November 16, 2010.
ORIGINAL PROCEEDING
By: RECKTENWALD, C.J., ACOBA and DUFFY, JJ., and NAKAYAMA, J., Dissenting, with whom Circuit Judge Crandall, assigned by reason of vacancy, Joins.
ORDER
Upon consideration of respondent's "Motion to Have Michael C. Tierney Declared a Vexatious Litigant," filed on September 14, 2010, and the papers in support,
IT IS HEREBY ORDERED that the motion is denied.
I respectfully dissent. Since January 2007, Mr. Tierney has filed thirty-four writ proceedings, five of which qualify for vexatious litigant determination. Three of those petitions were denied and one is still pending. In addition, he has filed six proceedings in the fifth and first circuit district courts, five of which qualify for vexatious litigant determination. All five of the district court proceedings were dismissed or denied. The movant has met its burden of proof that Mr. Tierney qualifies as a vexatious litigant. I would, therefore, grant the motion.