Darrell J. Harper v. the State of Texas ( 2021 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00487-CV
Darrell J. Harper, Appellant
v.
The State of Texas, Appellee
FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-14-004224, THE HONORABLE RHONDA HURLEY, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Darrell J. Harper, proceeding pro se, filed a notice of appeal in the
trial court on September 21, 2021. However, Harper has been designated a vexatious litigant
and is on the State of Texas’ list of vexatious litigants compiled by the Office of Court
Administration (OCA). See Tex. Civ. Prac. & Rem. Code §§ 11.101 (generally authorizing court
to enter order prohibiting person from filing “a new litigation” pro se without permission
from local administrative judge when court, after notice and hearing, finds that person is
“vexatious litigant”), .104(b) (requiring OCA to “post on the agency’s Internet website a list
of vexatious litigants subject to prefiling orders”), .054 (listing criteria for finding plaintiff
vexatious litigant); OCA List of Vexatious Litigants Subject to a Prefiling Order, available at
https://www.txcourts.gov/judicial-data/vexatious-litigants/ (last visited Dec. 17, 2021).
The OCA list reflects that Harper is subject to a prefiling order that was filed in
Travis County in January 2015 specifically prohibiting him “from filing new litigation in any
court in this State without permission from a local administrative judge in each new litigation.”
See http://www.txcourts.gov/media/843678/Darrell-Harper.pdf (last visited Dec. 17, 2021); see
also 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”); Douglas v. Government Emp. Ins. Co., No. 01-12-00129-CV, 2013 WL
1490497, at *1 (Tex. App.—Houston [1st Dist.] Apr. 11, 2013, no pet.) (mem. op.) (describing
chapter 11 prefiling requirements for vexatious litigants); Johnson v. Hughey, No. 06-12-00079-
CV, 2012 WL 4761546, at *1 (Tex. App.—Texarkana Oct. 5, 2012, no pet.) (mem. op.) (same).
By order dated November 19, 2021, we notified Harper that he was required to
obtain the permission of the local administrative judge to file this appeal, provided him with the
address of the local administrative judge, and ordered him within thirty days of the date of the
order to demonstrate to this Court that he had obtained permission from the local administrative
judge to file this appeal. See Tex. Civ. Prac. & Rem. Code §§ 11.101–.003. We also notified
him that if he failed to comply with the order within 30 days, we would dismiss this appeal.
Harper has failed to demonstrate that he has obtained the local administrative
judge’s permission to file this appeal. Accordingly, we dismiss this appeal. See Silver v. Abbott,
No. 03-19-00706-CV, 2019 WL 6139503, at *1 (Tex. App.—Austin Nov. 20, 2019, no pet.)
(mem. op.) (dismissing appeal because vexatious litigant that was subject to prefiling order failed
to comply with chapter 11’s requirement of obtaining local administrative judge’s permission to
file appeal).
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__________________________________________
Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Smith
Dismissed
Filed: December 31, 2021
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