Reeves v. Central Houston Nissan

OPINION Pro se appellant Michael Reeves filed this litigation against appellee Central Houston Nissan asserting claims of deceptive advertising[1] and violations of the Deceptive Trade Practices–Consumer Protection Act (DTPA).[2] After the trial court rendered summary judgment in Central Houston Nissan’s favor, Reeves appealed. On September 21, 2020, after the parties filed briefs and the case was submitted to before filing this litigation, Reeves was found to be a vexatious litigant prohibited from filing new pro se litigation in Texas courts without seeking the permission of the local administrative judge of the court in which he intended to file the litigation.[3] See Tex. Civ. Prac. & Rem. Code Ann. §§ 11.101(a), (e), .102(a)(1), .1035. There is no indication in the record before us that Reeves obtained the required permission to file this litigation, so it appears that this litigation was mistakenly filed by the trial court clerk.[4] As required by Civil Practice and Remedies Code section 11.1035(b), we ordered this appeal stayed. See id. § 11.1035(b). We further informed the parties that we would dismiss the litigation,[5] i.e., dismiss this appeal, vacate the trial court’s judgment, and dismiss the case in the trial court, unless no later than October 1, 2020, Reeves obtained an order from the local administrative judge for the 113th Judicial District Court of Harris County, where this litigation was filed, permitting filing of the litigation.[6] See id. (court to dismiss litigation if vexatious litigant does not obtain order “permitting the filing of the litigation” “not later than the 10th day after the date the [section 11.1035] notice is filed”); see also id. § 11.102(a)(1) (vexatious litigant must seek permission from “the local administrative judge of the type of court in which the vexatious litigant intends to file”).[7] Reeves did not submit evidence that he obtained the required order permitting filing of this litigation. Accordingly, we dismiss this appeal, vacate the trial court’s judgment, and dismiss the case in the trial court. See id. § 11.1035(b). /s/ Charles A. Spain Justice Panel consists of Justices Spain, Hassan, and Poissant.