Delbert Royce Hall v. John Alvin Crane, Administrator for Malcolm E. Hall and Rose M. Jenkins

Summary

The Texas Court of Appeals, Third District, dismissed Delbert Royce Hall’s pro se appeal for want of jurisdiction. Because Hall had been declared a vexatious litigant and did not obtain the required permission from the local administrative judge before filing the appeal, the court lifted its stay and dismissed the appeal under Texas Civil Practice and Remedies Code sections 11.101–11.1035 and Texas Rule of Appellate Procedure 42.3(a).

Holdings

1. When a vexatious litigant is subject to a prefiling order under Texas Civil Practice and Remedies Code section 11.101, the clerk may not file the litigant's pro se appeal unless the litigant first obtains an order from the appropriate local administrative judge permitting the filing.
2. The appeal was dismissed for want of jurisdiction because Hall failed to obtain or demonstrate the required local administrative judge's permission before filing.

Questions Presented

1. Whether the court of appeals had jurisdiction over a pro se appeal filed by a vexatious litigant subject to a statutory prefiling order without the required permission from the local administrative judge.
2. Whether the appeal should be dismissed for want of jurisdiction when the statutory prerequisite to filing was not satisfied.

Disposition

dismissed