### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03
- 19
- 00 706
- CV

Frederic k O. Silver , Appellant

v. Greg Abbott , in his official capacity as Govern or of Texas , and the State of Texas , Appellee s

FROM THE 200 TH DISTRICT COURT OF TRAVIS COUNTY, NO. D
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- 00 6630 , THE HONORABLE JAN SOIFER , JUDGE PRESIDING

M E M O R A N D U M O P I N I O N
Appellant Frederick O. Silver , proceeding pro se, filed a notice of appeal in
Octo ber 2019 fro m the trial court ’ s order granting appellees ’ plea to the jurisdiction and motion
to sever

. 1 Appellant , however, is on the State ’ s list of vexatious litiga nts

. See Tex. Civ. Prac. & Rem. Code 11. 1 01 (generally authorizing cour t to enter order pro hibi ting person from filing “ a new li tigation ” pro se without perm ission from local admin istrative judge when court, after notice and hearing, finds th at person is “ vexatious litigant ” ), . 1 04(b) (requiring Office of Court
A dministration (OCA ) to “ post on the agency ’ s Internet website a list of vexatious litigants subj ect to prefiling orders ” )

.

The OCA list reflects that appellant is sub ject to a prefiling order that was filed in Travis County in July 2019 specifically prohibiting him from filing “ any new litigation in a court

1 Th e trial court assigned c ause number D

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- GN

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- 006630 for the severed action from cause number D

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- 0025 77.2

in this State without first obtaining permis sion from a local administrative judge

. ” See i d. §§ 11.102 (generally p rohibiting vexatious litigant from filing “new litigation” without permission from local administrative judge), .103 (generally prohibiti ng clerk of court from filing “litigation, orig inal proceeding, appeal, or other claim presented, pro se, by a vexatiou s litigant subject to a prefiling order under Section 11.101 unless the litigant obtains an order from the appropriate local administrati ve judge described by Section 11.102(a) permitt ing the filing”); Johnson v. Hughey , No. 06

- 12

- 00079

- CV, 2012 WL 4761546 , at * 1

– 2 (Tex. App.

— Texarkana Oct. 5, 2012, no pet.) (mem. op.).

By order dated October 1 8 , 201 9 , we notified appellant that he was required to obtain the permission of the local ad ministrative judge to file this appeal, provided him with the address of the local administrative judge, and ordered him within thirty days of the date of the order to demonstrate to this Court that he ha s obtained permission from the local administrativ e judge to file this appeal. See Tex. Civ. Prac. & Rem. Code §§ 11.001

– .003. We also notified him that, if he failed to comply with the order wit hin 30 days, we would dismiss this appeal.

Although he filed a response with this Court , a ppel lant has fail ed to demonstrate that he has obtained the local administrative judge ’ s permission to file this appeal. Accordingly, we dismiss this appeal. See Johnson v. Parker , No. 03

- 1 9

- 00 067

- CV, 201 9 WL 3922908 , at * 1 (Tex. A pp.

— Au stin Aug. 20 , 20 19 , no pe t.) (mem. o p.) ( dismissing suit beca use vexatious litigant failed to demo n strate that he had obtained local a dministrative judge ’ s permission to file appeal) ; Johnson , 2012 WL 4761546 , at * 1

– 2 (concluding that pre requisite was not met and that lawsuit should not ha ve been filed because vexatious litigant failed to demonstrate local administrative judge ’ s permission to file lawsuit and dismissing appeal)

.3 ____________________________________ Melissa Goodwin, Ju stice Before Justices Goodwin, Baker, and Kel ly Dismissed Filed: November 20, 2019