Narrative Opinion Summary
Appeal dismissed in case No. 14-17-00462-CV involving appellant Ali Yazdchi and appellee Kenneth Mingledorff. The appeal arises from a trial court order dismissing the case for want of prosecution, signed on March 6, 2017. Yazdchi has been declared a vexatious litigant under Texas Civil Practice and Remedies Code Chapter 11, specifically section 11.101, which subjects him to a pre-filing order. Under section 11.103(a), an appeal by a vexatious litigant cannot be filed without prior approval from the local administrative judge, unless it concerns a pre-filing order itself. The court found no evidence that Yazdchi obtained the necessary permission to file the appeal. Despite being notified of potential dismissal unless he provided such proof, Yazdchi failed to submit adequate documentation from the administrative judge. Consequently, the court dismissed the appeal, with the panel consisting of Justices Christopher, Brown, and Wise.
Legal Issues Addressed
Dismissal for Want of Prosecutionsubscribe to see similar legal issues
Application: The court dismissed the appeal due to the appellant's failure to provide evidence of permission to file, as required for a vexatious litigant.
Reasoning: The appeal arises from a trial court order dismissing the case for want of prosecution, signed on March 6, 2017.
Notification and Opportunity to Cure Procedural Deficiencysubscribe to see similar legal issues
Application: Despite being notified of the potential for dismissal and the requirement to provide proof of permission from the administrative judge, the appellant failed to submit adequate documentation.
Reasoning: Despite being notified of potential dismissal unless he provided such proof, Yazdchi failed to submit adequate documentation from the administrative judge.
Vexatious Litigant Pre-Filing Requirementsubscribe to see similar legal issues
Application: The court requires a vexatious litigant to obtain prior approval from the local administrative judge before filing an appeal, unless the appeal pertains to a pre-filing order itself.
Reasoning: Under section 11.103(a), an appeal by a vexatious litigant cannot be filed without prior approval from the local administrative judge, unless it concerns a pre-filing order itself.