Lowell Merritt v. Robert Davis

Opinion

DISMISS and Opinion Filed July 15, 2016

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-01558-CV

LOWELL MERRITT, Appellant V.

ROBERT DAVIS, Appellee

On Appeal from the 296th Judicial District Court Collin County, Texas

Trial Court Cause No. 296-01387-2009

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Lang-Miers and Stoddart Opinion by Chief Justice Wright Appellant is a pro se vexatious litigant subject to a prefiling order. See TEX. CIV. PRAC.

& REM. CODE ANN. § 11.102(a) (West Supp. 2015). By letter dated May 4, 2016, we instructed

appellant to file, by May 16, 2016, written verification that he had obtained the required order

from the local administrative judge permitting the filing of this appeal. We cautioned appellant

that failure to provide the written verification within the time requested may result in dismissal

of the appeal without further notice. At appellant’s request, we extended the deadline to May 23,

2016.

As of today’s date, appellant has not provided the written verification. On June 20, 2016,

the Collin County District Clerk filed a letter verifying that there is no order granting appellant

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permission to appeal. Accordingly, we dismiss the appeal. See TEX. CIV. PRAC. & REM. CODE

ANN. § 11.1035(b) (West Supp. 2015).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

151558F.P05

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S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

LOWELL MERRITT, Appellant On Appeal from the 296th Judicial District Court, Collin County, Texas No. 05-15-01558-CV V. Trial Court Cause No. 296-01387-2009.

Opinion delivered by Chief Justice Wright.

ROBERT DAVIS, Appellee Justices Lang-Miers and Stoddart participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee ROBERT DAVIS recover his costs of this appeal from appellant LOWELL MERRITT.

Judgment entered July 15, 2016.