Court of Civil Appeals of Texas, 2019

Alex Melvin Wade Jr. v. Arthur Smalley and Woodforest National Bank

Alex Melvin Wade Jr. v. Arthur Smalley and Woodforest National Bank
Court of Civil Appeals of Texas · Decided November 7, 2019

Alex Melvin Wade Jr. v. Arthur Smalley and Woodforest National Bank

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-19-00291-CV __________________ ALEX MELVIN WADE JR., Appellant V. ARTHUR SMALLEY AND WOODFOREST NATIONAL BANK, Appellees __________________________________________________________________ On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 17-05-06174-CV __________________________________________________________________ MEMORANDUM OPINION Appellant Alex Melvin Wade Jr. has been declared a vexatious litigant and is prohibited from filing pro se any new litigation in a court of this State without first obtaining permission from the local administrative judge. See Tex. Civ. Prac. & Rem. Code Ann. §§ 11.102(a), 11.103(a). Wade filed his notice of appeal pro se without first obtaining the required permission.

A clerk of a court may not file litigation presented, pro se, by a vexatious litigant who is subject to a prefiling order unless the litigant obtains an order from the local administrative judge permitting the filing. Tex. Civ. Prac. & Rem Code Ann. § 11.103(a). By letters dated September 17, 2019, September 25, 2019, and October 7, 2019, we notified the parties that Wade is a vexatious litigant and warned that the appeal would be dismissed unless we received an order from the local administrative judge. See Tex. Civ. Prac. & Rem. Code Ann. § 11.102(a). We have not received notice that the local administrative judge has permitted the filing of litigation by Wade. Accordingly, the appeal is dismissed.

APPEAL DISMISSED.

______________________________ CHARLES KREGER Chief Justice Submitted on November 6, 2019 Opinion Delivered November 7, 2019 Before McKeithen, C.J., Kreger and Horton, JJ.

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