In Re Darrell J. Harper v. the State of Texas
This text of In Re Darrell J. Harper v. the State of Texas (In Re Darrell J. Harper v. the State of Texas) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 1st District (Houston) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion issued May 28, 2026
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-26-00542-CV ——————————— IN RE DARRELL J. HARPER, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION Relator, Darrell J. Harper, a vexatious litigant subject to a prefiling order, filed
a pro se petition for writ of mandamus challenging the May 13, 2026 order denying
relator’s request to “file a new lawsuit in the District Courts of Harris County.”1 In
his petition for writ of mandamus, relator requested that the Court issue a writ of
1 The respondent is the Honorable Gloria Lopez, the Local Administrative District Judge of Harris County, Texas. mandamus and direct the local administrative judge “to vacate the May 13, 2026
order.”
Generally, the Clerk of this Court may not file an appeal or original
proceeding in a civil matter presented by a vexatious litigant subject to a pre-filing
order unless: (1) the litigant first obtains an order from the local administrative judge
permitting the filing or (2) the litigant is appealing from a pre-filing order declaring
the person a vexatious litigant. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.103(a).
However, a vexatious litigant subject to a pre-filing order “may apply for a writ of
mandamus” to challenge an order “denying a litigant permission to file a litigation.”
See TEX. CIV. PRAC. & REM. CODE ANN. § 11.102(f).
Here, relator challenges the May 13, 2026 order of the Honorable Gloria
Lopez, the Local Administrative District Judge, denying relator’s request to “file a
new lawsuit in . . . the District Courts of Harris County.” In the order, the local
administrative judge stated that relator requested “permission to file litigation
against the State of Texas, Bayview Solutions LLC, and World Finance
Corporation.” The order further stated that relator “allege[d] that Bayview
Solutions[] LLC (acting on behalf of World Finance Corporation) pursued an
underlying matter against [relator] in a Harris Couty Justice Court, precinct 3-2,
Cause No. 263200046499.” Relator’s “proposed new lawsuit relate[d] to and [arose]
from events and conduct alleged to have occurred in connection with that case.”
2 In denying relator permission to “file a new lawsuit” in Harris County District
Court, the local administrative judge concluded that relator’s “proposed suit d[id]
not have merit and [was] brought for purposes of harassment.” We note however,
that the order of the local administrative judge also stated that relator “ha[d] the right
to appeal the Justice Court judgment rendered against him” in the above-referenced
cause.
Our review of relator’s mandamus petition reflects that relator has failed to
establish that he is entitled to mandamus relief, and therefore, the Court denies
relator’s petition for writ of mandamus. We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Guiney.
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