Ali Yazdchi and Ahmad Yazdchi v. Wells Fargo and ETC ( 2023 )

Opinion issued August 8, 2023
In The
Court of Appeals
For The
First District of Texas
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NO. 01-21-00268-CV
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ALI YAZDCHI AND AHMAD YAZDCHI, Appellants
V.
WELLS FARGO, Appellee
On Appeal from the 215th District Court
Harris County, Texas
Trial Court Case No. 2015-11585
MEMORANDUM OPINION
Appellants Ali Yazdchi and Ahmad Yazdchi appeal from the trial court’s
December 14, 2020 order granting summary judgment and the trial court’s February
22, 2021 order striking Ahmad Yazdchi’s intervention, and severing the December
14, 2020 order into a separate cause so that it could be final and appealable. We
dismiss this appeal.
Ali Yazdchi has been adjudicated a vexatious litigant and is subject to three
prefiling orders, including one from this trial court case:
https://www.txcourts.gov/media/1278447/Ali-Yazdchi-Case-No-2015-11585-
01_15_2016.pdf. This order prohibits Ali Yazdchi from filing any new pro se
litigation without permission from the appropriate local administrative judge.
Moreover, “a clerk of a court may not file a litigation, original proceeding, appeal,
or other claim presented, pro se, by a vexatious litigant subject to a prefiling order .
. . unless the litigant obtains an order from the appropriate local administrative judge
described by Section 11.102(a) permitting the filing.” TEX. CIV. PRAC. & REM. CODE
§ 11.103(a).
On December 13, 2022, this Court issued an order stating that, although Ali
Yazdchi was represented by counsel when the notice of appeal was filed, the Court
received a suggestion of death on October 19, 2021, advising the Court that Ali
Yazdchi’s counsel had died on September 13, 2021, approximately four months after
counsel filed the notice of appeal. Moreover, a review of documents filed in this
appeal indicates that counsel did not file any documents other than the notice of
appeal. Because Ali Yazdchi is not represented by counsel, the Court directed him
to provide proof of permission to appeal by the local administrative judge or the
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appeal would be subject to dismissal. See TEX. CIV. PRAC. & REM. CODE
§ 11.103(a). Yazdchi has not filed proof of permission to appeal.
Moreover, appellants Ali Yazdchi and Ahmad Yazdchi have not paid the
filing fee. The Court sent a notice to appellants on June 17, 2021 advising them that
the filing fee was past due and that unless the filing fee was paid on or before July
15, 2021, the Court might dismiss the appeal. On June 17, 2021, Ali Yazdchi filed
a statement of inability in this Court. Ahmad Yazdchi filed no response to our notice
and filed no statement of inability. See TEX. R. APP. P. 5, 20.1; see also TEX. GOV’T
CODE ANN. §§ 51.207, 51.208, 51.941(a), 101.041; Order Regarding Fees Charged
in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the
Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158 (Tex. Aug.
28, 2015).
Accordingly, we dismiss Ali Yazdchi’s appeal for failure to comply with the
requirement in Texas Civil Practice and Remedies Code section 11.103 that he
provide proof of permission to appeal. We dismiss Ahmad Yazdchi’s appeal for
want of prosecution. Any pending motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Kelly, Hightower, and Countiss.
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