in the Commitment of Richard A. Dunsmore

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In the Commitment of Richard A. Dunsmore

Appellate case number: 01-19-00101-CV

Trial court case number: 84023-CV

Trial court: 412th Judicial District Court of Brazoria County

Appellant Richard Dunsmore, proceeding pro se, has been declared a vexatious litigant and is the subject of a pre-filing order, signed on D e c e m b e r 1 2 , 2 0 1 8 , in In re Commitment of Richard A. Dunsmore, Cause No. 8 4 0 2 3 - C V in the 4 1 2 t h District Court of Brazoria County, Texas. See Office of Court Administration List of Vexatious Litigants Subject to Pre-Filing Orders under Section 11.101, Civil Practice and Remedies Code, available at https://www.txcourts.gov/media/1443162/richard-dunsmore.pdf) (last viewed on June 11, 2019; see also TEX. CIV. PRAC. & REM. CODE § 11.104(b) (requiring office of court administration to maintain list and post list of vexatious litigants on agency’s website); Douglas v. Am. Title Co., 196 S.W.3d 876, 878 n.2 (Tex. App.—Houston [1st Dist.] 2006, no pet.) (taking judicial notice of Harris County record of vexatious litigants).

The Clerk of this Court may not file an appeal presented by a vexatious litigant subject to a pre-filing order unless the litigant first obtains an order from the local administrative judge permitting the filing, or the appeal is from a pre-filing order designating the person a vexatious litigant. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.103(a). Appellant is not appealing from a pre-filing order designating him a vexatious litigant. See id. at § 11.103(d).

Accordingly, unless appellant files proof that he has previously obtained an order from the local administrative judge permitting the filing of this appeal, this appeal may be dismissed for want of jurisdiction without further notice. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.103(a); TEX. R. APP. P. 42.3(a), (c). Appellant’s response, if any, is due to be filed with the Clerk of this Court within 10 days from the date of this notice.

It is so ORDERED. Judge’s signature: ___Justice Sarah B. Landau__________________  Acting individually  Acting for the Court

Date: __June 13, 2019___