In Re Lonnie Kade Welsh v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 23, 2023
• Docket: 09-23-00027-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-23-00027-CV __________________

IN RE LONNIE KADE WELSH

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Original Proceeding 435th District Court of Montgomery County, Texas Trial Cause No. 15-01-00659-CV __________________________________________________________________

MEMORANDUM OPINION

Lonnie Kade Welsh has been declared a vexatious litigant and is prohibited

from filing pro se any new litigation in a court of this State without first obtaining

permission from the local administrative judge. See Tex. Civ. Prac. & Rem. Code

Ann. §§ 11.102(a), 11.103(a). Welsh filed his mandamus petition without first

obtaining the required permission.

A clerk of a court may not file litigation presented, pro se, by a vexatious

litigant who is subject to a prefiling order unless the litigant obtains an order from

the local administrative judge permitting the filing. Tex. Civ. Prac. & Rem Code

1 Ann. § 11.103(a). On February 3, 2023, we notified the parties that Welsh is a

vexatious litigant and warned that the mandamus proceeding would be dismissed

unless we received an order from the local administrative judge. See Tex. Civ. Prac.

& Rem. Code Ann. § 11.102(a). We have not received notice that the local

administrative judge has permitted the filing of litigation by Welsh. Accordingly,

the petition is dismissed without prejudice.

PETITION DISMISSED.

PER CURIAM

Submitted on February 22, 2023 Opinion Delivered February 23, 2023

Before Horton, Johnson and Wright, JJ.