Opinion
Appellate case number: 01-17-00455-CV
10-03-2017
Ali Yazdchi v. Maksansam Inc dba Ideal Towing, Oaks Condominium Association, Area 5 Vehicle Storage, The Oaks Condominium Association
ORDER Trial court case number: 1085537 Trial court: County Civil Court at Law No. 2 of Harris County
On September 19, 2017, appellee, the Oaks Condominium Association, filed this motion to dismiss this appeal because of appellant Ali Yazdchi's alleged failure to pay his bond for this case, pursuant to Texas Civil Practice and Remedies Code Sections 11.055 and 11.102. On September 25, 2017, appellant filed a response asserting that appellee's motion should be denied and that appellee be sanctioned for filing a frivolous motion because, among other reasons, appellant had received permission for this appeal.
This Court's August 22, 2017 Order had directed the Clerk of this Court to accept appellant's appeal for filing because Judge Olen Underwood, the presiding judge for the Second Administrative Judicial Region of Texas, issued an order on August 16, 2017, granting Yazdchi permission to file this appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.103(a) (West 2015) (noting that Clerk of this Court may not file appeal presented by pro se vexatious litigant subject to a prefiling order unless litigant "obtains an order from the appropriate local administrative judge described by Section 11.102(a) permitting the filing.") (emphasis added). Under Section 11.102, the "appropriate local administrative judge described by Subsection (a) may condition permission on the furnishing of security for the benefit of the defendant as provided in Subchapter B." Id. at 11.102(f).
In this case, although Judge Robin Brown, the local administrative judge for the county courts, had set a bond in her permission order for the appeal to the county court, Judge Underwood is the appropriate local administrative judge here and his order granted appellant permission without requiring a bond. Accordingly, appellee's motion is DENIED and appellant's request for sanctions is also DENIED.
It is so ORDERED. Judge's signature: /s/ Laura C. Higley
[v] Acting individually [ ] Acting for the Court Date: October 3, 2017