Reeves, Michael v. State

Opinion

DISMISSED and Opinion Filed February 13. 2013.

In The niirt tif Aipiah fiftf! istrirt rif ixa at L1a1ta No. 05-12-01142-CV

MICHAEL REEVES, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-i 2-09485

MEMORANDUM OPINION Before Justices Moseley, Francis, and Lang Opinion by Justice Moseley By letter dated December 10, 2012, the Court questioned its jurisdiction over this appeal.

Specifically, it appears the order appealed is not reviewable by direct appeal. The Court

requested that appellant file, within ten days, a jurisdictional brief explaining how this Court has

jurisdiction over the appeal with an opportunity for appellee to respond. As of today’s date,

appellant has not filed a jurisdictional brief.

A person who has been declared a vexatious litigant must seek permission to file a

litigation. TEx. Civ. PRAc. & REM. CODE ANN. § 11.102(a) (West Supp. 2012). A decision by a

local administrative judge denying a litigant permission to file a litigation is not grounds for

appeal. See TEx. Civ. PRAc. & REM. CODE ANN. § 11.102(c) (West Supp. 2012). A vexatious litigant who is denied permission to file a litigation may apply for a writ of mandamus within

thirty days of the decision. Id.

Appellant has been declared a vexatious litigant. He appeals from the August 15, 2012

decision of the local administrative judge denying him permission to file a litigation. Such order

is not grounds for appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See TEx.

R, App. P. 42.3(a).

I j 1 ‘

JIM MOSELEY JUtICE

121 142F.P05 Qtitirt iii Aictt Fift1i iitrirt f ixai at Ja11a JUDGMENT

MICHAEL REEVES. Appellant On Appeal from the 101st Judicial District Court, Dallas County, Texas No. 05-12-01 142-CV V Trial Court Cause No. DC-l2-09485. Opinion delivered by Justice Moseley, THE STATE OFT EXAS, Appellee Justices Francis and Lang, participating.

In accordance with this Court’s opinion ot this date. the judgment of the trial court is I) IS MISS ED.

It is ORDERED that appellee. the State of Texas, recover its costs of the appeal fIom appellant, Michael Reeves.

Judgment entered this 3’ (lay of February, 2013

JIM MOELEY JUSTØ