Tracy Nixon ( 2021 )

DISMISS and Opinion Filed December 20, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00950-CV
TRACY NIXON, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-00-14691
MEMORANDUM OPINION
Before Justices Pedersen, III, Goldstein, and Smith
Opinion by Justice Smith
The Court questioned its jurisdiction over this appeal after reviewing
appellant’s notice of appeal. Appellant has been declared a vexatious litigant and is
subject to a prefiling order. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.102(a).
Appellant appeals from the September 28, 2021 order of the local administrative
judge that informs appellant that he does not need permission to defend against
claims asserted against him in a pending lawsuit and also notes that he has not sought
permission to assert counterclaims or cross-claims in the litigation.
There is no statutory authority permitting the appeal of an order informing a
vexatious litigant that he does not need permission to defend against claims asserted
against him in a lawsuit. See id. § 11.102(f) (decision denying vexatious litigant
permission to file litigation is not grounds for an appeal, except litigant may apply
for a writ of mandamus within thirty days of decision).
Although appellant filed a letter brief, nothing therein demonstrates this Court
has appellate jurisdiction to review the complained of order. Accordingly, we
dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Craig Smith/
CRAIG SMITH
JUSTICE
210950F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TRACY NIXON, Appellant On Appeal from the 162nd Judicial
District Court, Dallas County, Texas
No. 05-21-00950-CV V. Trial Court Cause No. DF-00-14691.
Opinion delivered by Justice Smith.
THE STATE OF TEXAS, Appellee Justices Pedersen, III and Goldstein
participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered December 20, 2021
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