Opinion issued January 30, 2004
In The
Court of Appeals
For The
First District of Texas
NO. 01–03–00209–CV
ARTHUR E. JOHNSON, Appellant
V.
TRAVIS JOHNSON F/K/A JOE E. JOHNSON, JR.; BETTY ATTEBERRY; HARRIS COUNTY, TEXAS; HARRIS COUNTY JUDGE ROBERT ECKELS, IN HIS INDIVIDUAL AND OFFICIAL CAPACITIES; HARRIS COUNTY FIRE MARSHAL MIKE MONTGOMERY, IN HIS INDIVIDUAL AND OFFICIAL CAPACITIES; HARRIS COUNTY DEPUTY FIRE MARSHAL GARY SELF, IN HIS INDIVIDUAL AND OFFICIAL CAPACITIES; HARRIS COUNTY DEPUTY FIRE MARSHAL NATHAN GREEN, IN HIS INDIVIDUAL AND OFFICIAL CAPACITIES; PROGRESSIVE MUTUAL INSURANCE COMPANY; PEGGY DANIELS; WELLS FARGO BANK TEXAS, N.A.; HOLLY JONES; HARRIS COUNTY ATTORNEY MICHAEL A. STAFFORD; AND ASSISTANT HARRIS COUNTY ATTORNEY GEORGE A. NACHTIGALL, Appellees
On Appeal from the 164th District Court
Harris County, Texas
Trial Court Cause No. 2002–56859
MEMORANDUM OPINIONAppellant Arthur E. Johnson filed suit against the following defendants: Travis Johnson f/k/a Joe E. Johnson, Jr.; Betty Atteberry; Harris County, Texas; Harris County Judge Robert Eckels; Harris County Fire Marshal Mike Montgomery; Harris County Deputy Fire Marshal Gary Self; Harris County Deputy Fire Marshal Nathan Green; Progressive Mutual Insurance Company; Peggy Daniels; Wells Fargo Bank Texas, N.A.; and Holly Jones. Johnson sued Eckels, Montgomery, Self, and Green in both their individual and official capacities.
After previously finding Arthur Johnson to be a vexatious litigant, the trial court on February 5, 2003 granted the motion filed by Harris County, Eckels, Montgomery, Self, and Green to prohibit Arthur Johnson from filing, in propria persona, a new litigation in a court of this state without the permission of a local administrative judge. See Tex. Civ. Prac. & Rem. Code Ann. §§ 11.001–.104 (Vernon 2002). On March 26, 2003, the trial court dismissed with prejudice Arthur Johnson’s claims against Harris County, Eckels, Montgomery, Self, and Green. On March 31, 2003, the trial court again found Arthur Johnson to be a vexatious litigant, required him to post $3,000.00 security into the registry of the court, and granted the motion filed by Travis Johnson to prohibit Arthur Johnson from filing, in propria persona, a new litigation in a court of this state without the permission of a local administrative judge. See id.
On May 19, 2003, the trial court dismissed Arthur Johnson’s claims against putative defendants Harris County Attorney Michael A. Stafford and Assistant Harris County Attorney George A. Nachtigall. On June 2, 2003, the trial court (1) found that Arthur Johnson did not comply with the court’s March 31, 2003 order requiring him to post security and (2) dismissed the case with prejudice.
Arthur Johnson filed multiple notices of appeal and affidavits of indigence. The district clerk filed a contest, which the trial court sustained by written order on July 17, 2003. Arthur Johnson has also filed three petitions for writs of mandamus arising out of this lawsuit. See In re Johnson, No. 01–03–00743–CV (Tex. App.—Houston [1st Dist.] Sept. 4, 2003, orig. proceeding) (complaining of alleged failure of Honorable Mark Davidson, judge of 11th District Court, to recuse himself; petition denied); In re Johnson, No. 01–03–00744–CV (Tex. App.—Houston [1st Dist.] Sept. 4, 2003, orig. proceeding) (complaining of alleged failure of Honorable Martha Hill Jamison, judge of 164th District Court, to recuse herself; petition denied); In re Johnson, No. 01–03–01229–CV (Tex. App.—Houston [1st Dist.] Jan. 7, 2004, orig. proceeding) (complaining of alleged failure of Barbara Chumley, official court reporter of 164th District Court, to prepare reporter’s record without prepayment of reporter’s fee; original proceeding dismissed for want of prosecution).
On appeal, Arthur Johnson has neither established indigence, nor paid all the required fees. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements for establishing indigence); see also Tex. Gov’t Code Ann. §§ 51.207, 51.941(a), 101.041 (Vernon Supp. 2004) (listing fees in court of appeals); Fees Civ. Cases B(1), (3) (listing fees in court of appeals). After being notified that this appeal was subject to dismissal, Arthur Johnson did not adequately respond. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).
The appeal is dismissed for nonpayment of all required fees. All pending motions are denied.
PER CURIAM
Panel consists of Justices Nuchia, Jennings, and Hanks.