Arthur Johnson v. Robert E. Linkin

• Court: Court of Appeals of Texas
• Decided: April 20, 2006
• Docket: 14-05-00567-CV
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed April 20, 2006

Affirmed and Memorandum Opinion filed April 20, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00567-CV

ARTHUR JOHNSON, Appellant

V.

ROBERT E. LINKIN, Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 03-08117

M E M O R A N D U M   O P I N I O N

Arthur Johnson filed a pro se suit on February 14, 2003.  The suit was dismissed on April 15, 2003.  Appellant timely filed a motion to reconsider.  The trial court denied the motion because the suit was filed after an order was entered on February 5, 2003, by Martha JHill Jameson, Judge presiding of the 164th District Court, stating that appellant is prohibited from filing in propria persona a new litigation in this state unless he is given prior written permission by an administrative judge under the procedure provided in section 11.102 of the Texas Civil Practice and Remedies Code.  The trial court found appellant had no such permission.

We note that Johnson has been declared to be a vexatious litigant pursuant to chapter 11 of the Texas Civil Practice and Remedies Code.  See Johnson v. Sepulveda, 178 S.W.3d 117, 120 (Tex. App. B Houston [14th Dist.] 2005, no pet.) (citing Johnson v. Johnson, No. 01-03-00209-CV, 2004 WL 219795, at*1 (Tex. App. B Houston [1st Dist.] Jan. 30, 2004, no pet.)(mem. op.); In re Johnson, No. 01-03-01229-CV; 2004 WL 36248, at *1 (Tex. App. B Houston [1st Dist.] Jan. 7, 2004, orig. proceeding)(mem. op); see also http://www.courts.state.tx.us/oca/vexatiousBlitigants.pdf (June 8, 2005)(listing Arthur Johnson as a vexatious litigant)).  The record on appeal does not establish the order of February 5, 2003, was erroneous or that appellant had permission to file the lawsuit.

Accordingly, the judgment of the trial court is affirmed.

                                                                  PER CURIAM

Judgment rendered and Memorandum Opinion filed April 20, 2006.

Panel consists of Justices Hudson, Fowler, and Seymore.