Kevin Bierwirth v. Rio Rancho Properties, LLC ( 2017 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-17-00733-CV
Kevin Bierwirth, Appellant
v.
Rio Rancho Properties, LLC, Appellee
FROM THE 425TH DISTRICT COURT OF WILLIAMSON COUNTY,
NO. 15-0819-C277, THE HONORABLE BETSY F. LAMBETH, JUDGE PRESIDING
ORDER
PER CURIAM
Appellant Kevin Bierwirth has filed a notice of appeal. Appellant, however, has
been designated a vexatious litigant.
A vexatious litigant must comply with the procedures set forth in chapter 11 of
the Texas Civil Practice and Remedies Code as a prerequisite to filing “new litigation,” including
obtaining permission from the appropriate local administrative judge to file an appeal. See Tex.
Civ. Prac. & Rem. Code §§ 11.102 (generally prohibiting vexatious litigant from filing “new
litigation” without permission from local administrative judge), .103 (generally prohibiting clerk
of court from filing “litigation, original proceeding, appeal, or other claim presented, pro se, by a
vexatious litigant subject to a prefiling order under Section 11.101 unless the litigant obtains an
order from the appropriate local administrative judge described by Section 11.102(a) permitting
the filing”); Johnson v. Hughey, No. 06-12-00079-CV, 2012 Tex. App. LEXIS 8406, at *4–5
(Tex. App.—Texarkana Oct. 5, 2012, no pet.) (mem. op.). The appropriate local administrative
judge with respect to the filing of this appeal is:
The Honorable Betsy F. Lambeth
425th District Court
Williamson County Courthouse
405 M.L.K. Street
Georgetown, TX 78626.
Accordingly, this appeal is immediately stayed. This Court orders appellant
within thirty days of the date of this order to demonstrate to this Court that he has obtained
permission from the local administrative judge to file this appeal. If he fails to comply with this
order within 30 days of the date of this order, this Court will dismiss the appeal for want of
jurisdiction.
It is ordered on November 17, 2017.
Before Justices Puryear, Field, and Bourland
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