Joseph K. Yammine v. Chany Development, Inc.

• Court: Court of Appeals of Texas
• Decided: July 3, 2025
• Docket: 02-24-00345-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-24-00345 CV ___________________________

JOSEPH K. YAMMINE, Appellant

V.

CHANY DEVELOPMENT, INC., Appellee

On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2024-000167-1

Before Womack, Wallach, and Walker, JJ. Memorandum Opinion by Justice Womack MEMORANDUM OPINION

Appellant Joseph K. Yammine, proceeding pro se, attempts to appeal the trial

court’s order denying his motion to vacate and set aside a final judgment and denying

his objection to the issuance of a writ of possession. Yammine, however, is on the list

of vexatious litigants subject to prefiling orders that is compiled by the Office of

Court Administration of the Texas Judicial System. See Tex. Civ. Prac. & Rem. Code

Ann. § 11.104. See generally http://www.txcourts.gov/judicial-data/vexatious-litigants.

A clerk of a court may not file an appeal presented, pro se, by a vexatious litigant who

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

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

§ 11.103.

In an April 14, 2025 order, we notified Yammine that he had not provided this

court with an order from the local administrative judge permitting the filing of his

appeal. We warned him that we would dismiss the appeal unless he provided us with

such an order from the local administrative judge by May 5, 2025. On May 6, 2025,

Yammine filed a motion requesting that we grant him a thirty-day extension to

provide the requisite order. We granted his motion that same day, ordering that

Yammine provide the requisite order by June 4, 2025.

Despite our order that he do so, Yammine has not provided us with an order

from the local administrative judge permitting him to file this appeal. Accordingly, we

2 dismiss Yammine’s appeal.1 See Tex. R. App. P. 42.3, 43.2(f); see also JW Constr. v.

Queen Shiva, LLC, No. 02-21-00019-CV, 2021 WL 832717, at *1 (Tex. App.—Fort

Worth Mar. 4, 2021, no pet.) (mem. op.) (dismissing appeal because vexatious

litigant—Yammine acting individually and on behalf of a separate entity—failed to

demonstrate that he had obtained the local administrative judge’s permission to file

his appeal); Morgan v. Abbott, No. 02-19-00475-CV, 2020 WL 2073747, at *1 (Tex.

App.—Fort Worth Apr. 30, 2020, no pet.) (per curiam) (mem. op.) (similar).

/s/ Dana Womack

Dana Womack Justice

Delivered: July 3, 2025

1 Today, we are issuing several other opinions dismissing appeals filed by Yammine because of this same issue. See Nos. 02-24-00339-CV, 02-24-00341-CV, 02-24-00343-CV, 02-24-00344-CV, 02-24-00346-CV, 02-24-00347-CV.