Tracy Nixon Appeal from 162nd Judicial District Court of Dallas County (memorandum opinion)
Annotate this Case
Download PDF
DISMISS and Opinion Filed December 20, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00950-CV TRACY NIXON, Appellant V. STATE OF TEXAS, Appellee On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-00-14691 MEMORANDUM OPINION Before Justices Pedersen, III, Goldstein, and Smith Opinion by Justice Smith The Court questioned its jurisdiction over this appeal after reviewing appellant’s notice of appeal. Appellant has been declared a vexatious litigant and is subject to a prefiling order. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.102(a). Appellant appeals from the September 28, 2021 order of the local administrative judge that informs appellant that he does not need permission to defend against claims asserted against him in a pending lawsuit and also notes that he has not sought permission to assert counterclaims or cross-claims in the litigation. There is no statutory authority permitting the appeal of an order informing a vexatious litigant that he does not need permission to defend against claims asserted against him in a lawsuit. See id. § 11.102(f) (decision denying vexatious litigant permission to file litigation is not grounds for an appeal, except litigant may apply for a writ of mandamus within thirty days of decision). Although appellant filed a letter brief, nothing therein demonstrates this Court has appellate jurisdiction to review the complained of order. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a). /Craig Smith/ CRAIG SMITH JUSTICE 210950F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT TRACY NIXON, Appellant No. 05-21-00950-CV On Appeal from the 162nd Judicial District Court, Dallas County, Texas Trial Court Cause No. DF-00-14691. Opinion delivered by Justice Smith. Justices Pedersen, III and Goldstein participating. V. THE STATE OF TEXAS, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered December 20, 2021 –3–
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
