Sulma Gonzales v. CC Asset Management, LLC ( 2024 )


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  •                                  IN THE
    TENTH COURT OF APPEALS
    No. 10-22-00389-CV
    SULMA GONZALES,
    Appellant
    v.
    CC ASSET MANAGEMENT, LLC,
    Appellee
    From the County Court at Law No. 1
    McLennan County, Texas
    Trial Court No. 20221113CV1
    MEMORANDUM OPINION
    Sulma Gonzales was determined to be a vexatious litigant in the probate court of
    Dallas County on November 16, 2020. Gonzales appealed the trial court's finding, and it
    was affirmed. Estate of Pandozy, 
    634 S.W.3d 288
     (Tex. App.—Texarkana 2021, no pet.).
    This Court was unaware of Gonzales's status until the appellee recently informed the
    Court. 1 After receiving a copy of the order declaring Gonzales as a vexatious litigant, the
    Court advised Gonzales that she had ten days to provide this Court with either proof that
    she is not a vexatious litigant or authorization to proceed with this appeal. Gonzales filed
    a motion for continuance with this Court seeking an additional 30 days to get permission
    to appeal. Gonzales did not deny her status as a vexatious litigant, although in her
    motion for continuance she indicated that she questions "the interpretation and
    application of the law which led to the vexatious litigant rulings," an issue which she
    previously appealed but was decided against her. See 
    id.
     Accordingly, this appeal is
    dismissed. See TEX. CIV. PRAC. AND REMEDIES CODE §§ 11.1035(b).
    Gonzales's motion for continuance filed on May 10, 2024 is denied. 2
    TOM GRAY
    Chief Justice
    Before Chief Justice Gray,
    Justice Johnson, and
    Justice Smith
    Dismissed; motion denied
    Opinion delivered and filed May 20, 2024
    [CV06]
    1
    For reasons unknown to the Court, Gonzales's name does not appear on the vexatious litigant list
    maintained by the Office of Court Administration. See TEX. CIV. PRAC. AND REMEDIES CODE §11.104. Thus,
    this Court was unaware of Gonzales's status as a vexatious litigant until the Court received a copy of the
    trial court's vexatious litigant order after being notified of its potential existence by the appellee.
    2
    To whatever degree Gonzales has attempted to seek permission to proceed with this appeal from a trial
    court judge, she has not gotten permission. We note that Gonzales was aware of her status as a vexatious
    litigant when she initiated this appeal and has had a significant period of time in which to seek permission
    to appeal but has not done so.
    Gonzales v. CC Asset Mgmt, LLC                                                                       Page 2
    

Document Info

Docket Number: 10-22-00389-CV

Filed Date: 5/20/2024

Precedential Status: Precedential

Modified Date: 5/24/2024