Larry Joe Morgan v. Governor Greg Abbott, Judge George Gallagher, David C. Hagerman, Benson Varghese, Sharen Wilson, William Stanley Harris, Justice James T. Campbell, Justice MacKey Hancock, Justice Patrick A. Pirtle, Judge John P. Chupp, Lisa Morton, And, Walworth Burge, M.D. ( 2020 )


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  •                          In the
    Court of Appeals
    Second Appellate District of Texas
    at Fort Worth
    ___________________________
    No. 02-19-00475-CV
    ___________________________
    LARRY JOE MORGAN, Appellant
    V.
    GOVERNOR GREG ABBOTT, JUDGE GEORGE GALLAGHER, DAVID C.
    HAGERMAN, BENSON VARGHESE, SHAREN WILSON, WILLIAM STANLEY
    HARRIS, JUSTICE JAMES T. CAMPBELL, JUSTICE MACKEY HANCOCK,
    JUSTICE PATRICK A. PIRTLE, JUDGE JOHN P. CHUPP, LISA MORTON,
    AND WALWORTH BURGE, M.D., Appellees
    On Appeal from the 48th District Court
    Tarrant County, Texas
    Trial Court No. 048-306563-19
    Before Wallach, J.; Sudderth, C.J.; and Gabriel, J.
    Per Curiam Memorandum Opinion
    MEMORANDUM OPINION
    Appellant Larry Joe Morgan filed a notice of appeal from the trial court’s final
    judgment dismissing his claims against Appellees and ordering that he take nothing on
    his claims. However, Appellant is on the list of vexatious litigants subject to prefiling
    orders that is compiled by the Office of Court Administration of the Texas Judicial
    System.     See Tex. Civ. Prac. & Rem. Code Ann. § 11.104; see generally
    http://www.txcourts.gov/judicial-data/vexatious-litigants. A clerk of a court may not
    file an appeal presented, pro se, by a vexatious litigant who is subject to a prefiling order
    unless the litigant obtains an order from the appropriate local administrative judge
    permitting the filing. See Tex. Civ. Prac. & Rem. Code Ann. § 11.103.
    On January 10, 2020, we notified Appellant that he had not provided this court
    with an order from the local administrative judge permitting the filing of this appeal.
    We cautioned Appellant that we would dismiss this appeal unless he provided this court
    with such an order on or before January 30, 2020. In response to our notice, we
    received “Appellant’s Second Motion for Appeal.” In that document, Appellant asserts
    that he had objected in the trial court to the appointment of a visiting judge to hear
    various motions filed by the parties, including Appellees’ motions to dismiss. He has
    not, however, provided this court with an order permitting him to file this appeal.
    Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3, 43.2(f).
    Per Curiam
    Delivered: April 30, 2020
    2
    

Document Info

Docket Number: 02-19-00475-CV

Filed Date: 4/30/2020

Precedential Status: Precedential

Modified Date: 5/2/2020