Richard M. King, Jr. v. Eric Clifford
This text of Richard M. King, Jr. v. Eric Clifford (Richard M. King, Jr. v. Eric Clifford) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________
No. 06-11-00044-CV ______________________________
RICHARD M. KING, JR., Appellant
V.
ERIC CLIFFORD, ET AL., Appellees
On Appeal from the 62nd Judicial District Court Lamar County, Texas Trial Court No. 79517
Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION
Richard M. King, Jr., an inmate, sued a host of individuals, including Honorable Eric
Clifford, Judge of the 6th Judicial District Court of Lamar County; Marvin Ann Patterson, Clerk of
the Lamar County District Court; the deputy clerks of the Lamar County District Court; Jane
Horta; JoAnn Ondrovik; and Steven Miears.
All defendants filed motions to dismiss, stating that King is listed with the Texas Supreme
Court as a vexatious litigant and must submit any new litigation for approval by the presiding
judge of the 6th Judicial District Court before filing.
The trial court granted the motions to dismiss and dismissed the case. King appealed that
order of dismissal.
On June 28, 2011, we returned a brief King had attempted to file, because he had asked this
Court to serve a copy of the brief on all parties for him. Our letter returning the brief to King read
as follows:
Appellant’s brief was received on June 27, 2011. Pursuant to TEX. R. APP. P. 9.5, a deficiency was noted under 9.5(a), (b), (c), (d) and (e). In your brief you requested this Court serve opposing counsel with a copy of your brief. This Court does not provide that service for you. You will need to submit a new brief within ten days of the date of this notice in compliance with TEX. R. APP. P. 9.5.
Please submit a new brief on or before July 8, 2011. If an appropriate brief is not received by said date, the case will be dismissed for want of prosecution pursuant to TEX. R. APP. P. 38.8(a)(1).
2 Instead of receiving a brief with a certificate of service indicating that King had served all
interested parties, we received the same brief that we had returned to him.
Therefore, we dismiss this appeal for want of prosecution.
Bailey C. Moseley Justice
Date Submitted: July 25, 2011 Date Decided: July 26, 2011
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