Tracy Nixon v. Cory and Melody Hudson and All Occupants

• Court: Court of Appeals of Texas
• Decided: October 31, 2022
• Docket: 05-22-00750-CV
• Status: Published

Opinion

DISMISS and Opinion Filed October 31, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00750-CV

TRACY NIXON, Appellant V. CORY HUDSON AND MELODY HUDSON, Appellees

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-22-01617-A

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Goldstein Opinion by Justice Schenck Appellant, as a vexatious litigant, must obtain a prefiling order from the local

administrative judge granting him permission to file any new litigation, including an

appeal. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 11.101, 11.102, 11.103.

Appellant obtained a prefiling order to appeal his lawsuit from justice court to county

court. He now attempts to appeal the county court’s dismissal order to this Court.

Because nothing before this Court showed appellant had secured a prefiling order

permitting the filing of this appeal, we directed appellant to file a copy of the order

granting him permission. See id. § 11.1035(b). In response, appellant filed a copy of the prefiling order granting him permission to appeal the justice court’s judgment

to the county court.

Because appellant has not provided this Court with a copy of an order from

the local administrative judge granting him permission to appeal the county court’s

order to this Court, we lack jurisdiction and dismiss the appeal. See id. 11.102(a),

11.103(a).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

220750F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

TRACY NIXON, Appellant On Appeal from the County Court at Law No. 1, Dallas County, Texas No. 05-22-00750-CV V. Trial Court Cause No. CC-22-01617- A. CORY HUDSON AND MELODY Opinion delivered by Justice HUDSON, Appellees Schenck. Justices Reichek and Goldstein participating.

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

Judgment entered October 31, 2022

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