In Re Potts
357 S.W.3d 766
| Tex. App. | 2011Background
- Potts, a relator, was declared a vexatious litigant by the 11th District Harris County court on Feb. 16, 2011.
- Relator sought to file mandamus petitions against the Harris County District Clerk, the local administrative judge, and other officials.
- Judge Halbach denied relator's request for permission to file a mandamus petition.
- Relator sought mandamus relief in this court to compel action by Judge Halbach and others.
- This court lacks jurisdiction to compel the District Clerk to file relator's mandamus petition and dismisses that portion; other requests are addressed on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction over the district clerk | Potts asserts mandamus against Daniel for filing permission. | The court lacks mandamus jurisdiction over the district clerk. | Dismissed for lack of jurisdiction. |
| Whether the vexatious litigant statute violates due process | Potts claims denial of access to court due to §11.101/11.102. | Statute does not abridge due process when applied with findings and safeguards. | Statute does not violate due process. |
| Whether Halbach properly found officials responded appropriately to requests | Relator contends merits exist; officials refused improperly. | Officials/responders acted appropriately; no merit shown. | Halbach correctly found no merit; relief denied. |
Key Cases Cited
- Johnson v. Sloan, 320 S.W.3d 388 (Tex.App.-El Paso 2010) (vexatious-litigant statute not unconstitutional on due process grounds)
- Clifton v. Walters, 308 S.W.3d 94 (Tex.App.-Fort Worth 2010) (statute valid when balanced against access-to-courts protections)
- In re Prudential Ins. Co. of America, 148 S.W.3d 124 (Tex.2004) (mandamus relief when clear abuse of discretion and no adequate remedy by appeal)
- In re Douglas, 333 S.W.3d 273 (Tex.App.-Houston [1st Dist.] 2010) (purpose of 11.101–11.102 to control docket while protecting rights)
