TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00771-CV
Erik Leonard, Appellant
v.
Ken Paxton,1 Attorney General of Texas; the Harris County-Houston Sports Authority;
Harris County; and the City of Houston, Appellees
FROM THE 345TH DISTRICT COURT OF TRAVIS COUNTY,
NO. D-1-GN-06-000810, THE HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING
ORDER
PER CURIAM
Appellant Erik Leonard has filed a notice of appeal. Appellant, however, has
been designated a vexatious litigant.
A vexatious litigant must comply with the procedures set forth in Chapter 11 of
the Texas Civil Practice and Remedies Code as a prerequisite to filing “new litigation,” including
obtaining permission from the appropriate local administrative judge to file an appeal. See Tex.
Civ. Prac. & Rem. Code §§ 11.102 (generally prohibiting vexatious litigant from filing “new
litigation” without permission from local administrative judge), .103 (generally prohibiting clerk
of court from filing “litigation, original proceeding, appeal, or other claim presented, pro se, by a
vexatious litigant subject to a prefiling order under Section 11.101 unless the litigant obtains an
1 Leonard’s notice of appeal named Greg Abbott as Attorney General of Texas. We
automatically substitute his successor in that office, Ken Paxton. See Tex. R. App. P. 7.2(a).
order from the appropriate local administrative judge described by Section 11.102(a) permitting
the filing”); Johnson v. Hughey, No. 06-12-00079-CV, 2012 WL 4761546, at *1 (Tex. App.—
Texarkana Oct. 5, 2012, no pet.) (mem. op.). The appropriate local administrative judge
with respect to the filing of this appeal is:
The Honorable Tim Sulak
353rd District Court
Travis County Courthouse
P. O. Box 1748
Austin, Texas 78767.
Accordingly, this appeal is immediately stayed. This Court orders appellant
within fifteen days of the date of this order to demonstrate to this Court that he has obtained
permission from the local administrative judge to file this appeal. If he fails to comply with this
order within fifteen days of the date of this order, this Court will dismiss the appeal for want
of jurisdiction.
It is ordered on February 28, 2020.
Before Justices Goodwin, Kelly, and Smith
2