In Re: Molly Wilkerson & in the Interest of M.C.M. and M.A.M., Children v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 10, 2023
• Docket: 05-21-00440-CV
• Status: Published

Opinion

DISMISS and Opinion Filed July 10, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00439-CV No. 05-21-00440-CV No. 05-21-00441-CV IN RE MOLLY WILKERSON, Relator

Original Proceedings from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-53554-2020

MEMORANDUM OPINION Before Justices Nowell, Garcia, and Kennedy1 Opinion by Justice Nowell We reinstate these original proceedings. Relator is a vexatious litigant subject

to a prefiling order that prohibits her from filing pro se any new litigation without

first obtaining permission from the local administrative judge. See TEX. CIV. PRAC.

& REM. CODE Ann. §§ 11.102(a), 11.103(a). A petition for writ of mandamus is a

civil action to which the vexatious litigant statute applies. Cooper v. McNulty, No.

05-15-00801-CV, 2016 WL 6093999, at *3 (Tex. App.—Dallas Oct. 19, 2016, no

pet.) (mem. op.); see also TEX. CIV. PRAC. & REM. CODE ANN. § 11.001(2) (defining

1 The Honorable Justice David Schenck was originally a member of this panel. The Honorable Justice Nancy Kennedy succeeded Justice Schenck on this panel when his term expired on December 31, 2022. “litigation” as “a civil action commenced, maintained, or pending in any state or

federal court”).

Relator filed these original proceedings without first obtaining the required

permission. Accordingly, on November 8, 2021, we ordered relator to file a copy of

an order from the local administrative judge giving her permission to file these

original proceedings. On November 17, 2021, the local administrative judge denied

such permission. On November 23, 2021, we granted relator’s motion to abate these

original proceedings pending resolution of her appeal from the order declaring her a

vexatious litigant.

On June 30, 2023, this Court affirmed the trial court’s order declaring relator

a vexatious litigant. Wilkerson v. Maldonado, No. 05-21-00360-CV, 2023 WL

4286021, at *1 (Tex. App.—Dallas June 30, 2023, no pet.). Accordingly, we

reinstate and dismiss these original proceedings because relator has failed to obtain

an order granting her permission to file them. See TEX. CIV. PRAC. & REM. CODE

ANN. § 11.1035(b) (the court “shall dismiss the litigation unless the [vexatious

litigant subject to a prefiling order] . . . obtains an order from the appropriate local

administrative judge described by Section 11.102(a) permitting the filing of the

litigation”).

210439f.p05 /Erin A. Nowell// 210440f.p05 ERIN A. NOWELL 210441f.p05 JUSTICE

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