Lowell Merritt v. Robert Davis ( 2016 )

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
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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.
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