Lowell Merritt v. Robert Davis

DISMISS and Opinion Filed July 15, 2016

S In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-15-01558-CV LOWELL MERRITT, Appellant V. ROBERT DAVIS, Appellee On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-01387-2009

MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Stoddart

Opinion by Chief Justice Wright

Appellant is a pro se vexatious litigant subject to a prefiling order. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.102(a) (West Supp. 2015). By letter dated May 4, 2016, we instructed appellant to file, by May 16, 2016, written verification that he had obtained the required order from the local administrative judge permitting the filing of this appeal. We cautioned appellant that failure to provide the written verification within the time requested may result in dismissal of the appeal without further notice. At appellant’s request, we extended the deadline to May 23, 2016.

As of today’s date, appellant has not provided the written verification. On June 20, 2016, the Collin County District Clerk filed a letter verifying that there is no order granting appellant permission to appeal. Accordingly, we dismiss the appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.1035(b) (West Supp. 2015).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

151558F.P05

S Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

LOWELL MERRITT, Appellant On Appeal from the 296th Judicial District

Court, Collin County, Texas No. 05-15-01558-CV V. Trial Court Cause No. 296-01387-2009.

Opinion delivered by Chief Justice Wright. ROBERT DAVIS, Appellee Justices Lang-Miers and Stoddart participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee ROBERT DAVIS recover his costs of this appeal from appellant LOWELL MERRITT.

Judgment entered July 15, 2016.