Demetrius T. Crockett v. Keystone Automotive Industries, Inc.

Summary

The Texas Court of Appeals, Third District, dismissed Demetrius T. Crockett’s pro se appeal for want of jurisdiction. The court held that Crockett, having been declared a vexatious litigant, failed to obtain the required permission from the local administrative judge before filing the appeal.

Holdings

1. A clerk may not file a pro se appeal or other claim presented by a vexatious litigant subject to a Texas Civil Practice and Remedies Code section 11.101 prefiling order unless the litigant first obtains an order from the appropriate local administrative judge permitting the filing.
2. An appeal filed without the required vexatious-litigant prefiling permission must be dismissed for want of jurisdiction.

Questions Presented

1. Whether a pro se appeal filed by a vexatious litigant subject to a Texas prefiling order may proceed without permission from the appropriate local administrative judge.
2. Whether the appeal should be dismissed for want of jurisdiction when the required prefiling permission was not obtained.

Disposition

dismissed