Alejandro Hernandez Jr. v. Alejandro Ramon Fernandez, Jr.

• Court: Court of Appeals of Texas
• Decided: August 11, 2025
• Docket: 08-25-00188-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ ALEJANDRO HERNANDEZ JR., No. 08-25-00188-CV § Appellant, Appeal from the § v. County Court at Law No 3 § ALEJANDRO RAMON FERNANDEZ, JR., of El Paso County, Texas § Appellee. (TC# 2025-CCV00456) §

§

M E M O RAN D U M O PI N I O N

Appellant, Alejandro Hernandez Jr., was declared a vexatious litigant on April 17, 2019,

and is now subject to a prefiling order which prohibits him from filing any action in a Texas court

without first obtaining permission from the local administrative judge. 1 Tex. Civ. Prac. & Rem.

Code Ann. §11.101. Despite that prefiling order, Hernandez filed a notice of appeal in this cause

without an accompanying order permitting the filing. Because Hernandez has not complied with

the filing requirements, we dismiss the appeal. Tex. Civ. Prac. & Rem. Code Ann. §§ 11.101,

11.1035.

1 OFFICE OF COURT ADMINISTRATION, List of Vexatious Litigants Subject to a Prefiling Order, Alejandro Hernandez, https://www.txcourts.gov/media/1444722/alejandro-hernandez.pdf (last visited August 7, 2025). Chapter 11 of the Civil Practices and Remedies Code requires courts to dismiss new actions

filed by vexatious litigants when the litigant fails to file an order from the local administrative

judge permitting the filing of the new action. Tex. Civ. Prac. & Rem. Code Ann. §11.1035(b) (the

court “shall dismiss the litigation unless the [vexatious litigant] not later than the 10th day after

the date the notice is filed, obtains an order from the appropriate local administrative judge

described by Section 11.102(a) permitting the filing of the litigation”).

On July 22, 2025, we notified Hernandez that this appeal would be dismissed unless he

obtained an order granting permission to proceed from the appropriate local administrative judge

by August 1, 2025. Hernandez responded, moving this Court to abate the appeal to allow additional

time to obtain such an order. Because § 11.1035 is clear that courts must dismiss the litigation

unless the litigant, within ten days, obtains an order permitting the filing, we deny the motion to

abate and dismiss the appeal. Tex. Civ. Prac. & Rem. Code Ann. §11.1035(b). All pending motions

are denied as moot.

MARIA SALAS MENDOZA, Chief Justice

August 11, 2025

Before Salas Mendoza, C.J., Palafox and Soto, JJ.