DocketNumber: 05-21-00535-CV
Filed Date: 8/6/2021
Status: Precedential
Modified Date: 8/11/2021
DISMISSED and Opinion Filed August 6, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00535-CV JIMMY LEE MENIFEE, Appellant V. MAYOR ERIC JOHNSON AND THE CITY OF DALLAS, Appellees On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-05003 MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Partida-Kipness Appellant, a vexatious litigant subject to a prefiling order, filed this appeal without an order from the local administrative judge granting him permission to appeal. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 11.101, 11.102. Accordingly, pursuant to section 11.1035 of the Texas Civil Practice and Remedies Code, we directed appellant to obtain an order from the appropriate local administrative judge permitting the appeal and to file the order with the Court. See id. § 11.1035(b). Although we cautioned appellant that failure to comply within ten days would result in dismissal of the appeal, more than ten days have passed and appellant has not responded. See id. The appeal is therefore dismissed. See id. /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 210535F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JIMMY LEE MENIFEE, Appellant On Appeal from the 160th Judicial District Court, Dallas County, Texas No. 05-21-00535-CV V. Trial Court Cause No. DC-21-05003. Opinion delivered by Justice Partida- MAYOR ERIC JOHNSON AND Kipness, Justices Myers and Garcia THE CITY OF DALLAS, Appellees participating. In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered August 6, 2021 –3–