Basil Brown v. Avis Budget Group, Inc., Cory Kennedy, and Patricia Jackson Appeal from 191st Judicial District Court of Dallas County (memorandum opinion)
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Dismissed and Opinion Filed August 30, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00792-CV BASIL BROWN, Appellant V. AVIS BUDGET GROUP, INC., CORY KENNEDY, AND PATRICIA JACKSON, Appellees On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-03915 MEMORANDUM OPINION Before Chief Justice Wright, Justice Francis, and Justice Stoddart Opinion by Chief Justice Wright Before the Court is appellee Patricia Jackson’s motion to dismiss this appeal on the ground appellant, who has been declared a vexatious litigant, has failed to obtain permission to file the appeal. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 11.102 (a), 11.1035(b) (West 2017). Appellant, appearing pro se, filed this appeal from the trial court’s summary judgment dismissing his claims against appellee. Although he is subject to a prefiling order requiring him to obtain permission before filing new litigation, appellant filed the appeal without the required permission. See id. § 11.102(a); see also id. § 11.001(2) (defining “litigation” as “a civil action commenced, maintained, or pending in any state or federal court.”). By letter dated August 10, 2017, we cautioned appellant that we would dismiss this appeal without further notice unless he filed, no later than August 21, 2017, an order signed by the local administrative judge giving him permission to file this appeal. See id. § 11.1035(b). As noted by appellee in her motion, the local administrative judge denied permission by order signed August 20, 2017. Accordingly, we grant appellee’s motion and dismiss the appeal. See id. /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 170792F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BASIL BROWN, Appellant No. 05-17-00792-CV On Appeal from the 191st Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-16-03915. Opinion delivered by Chief Justice Wright. Justices Francis and Stoddart participating. V. AVIS BUDGET GROUP, INC., CORY KENNEDY, AND PATRICIA JACKSON, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered August 30, 2017. –3–
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