Tex.
Civ. Practice & Remedies Code Section 11.1035
Mistaken Filing
(a)
If the clerk mistakenly files litigation presented, pro se, by a vexatious litigant subject to a prefiling order under Section 11.101 (Prefiling Order; Contempt) without an order from the appropriate local administrative judge described by Section 11.102 (Permission by Local Administrative Judge)(a), any party may file with the clerk and serve on the plaintiff and the other parties to the litigation a notice stating that the plaintiff is a vexatious litigant required to obtain permission under Section 11.102 (Permission by Local Administrative Judge) to file litigation.(b)
Not later than the next business day after the date the clerk receives notice that a vexatious litigant subject to a prefiling order under Section 11.101 (Prefiling Order; Contempt) has filed, pro se, litigation without obtaining an order from the appropriate local administrative judge described by Section 11.102 (Permission by Local Administrative Judge)(a), the clerk shall notify the court that the litigation was mistakenly filed. On receiving notice from the clerk, the court shall immediately stay the litigation and shall dismiss the litigation unless the plaintiff, not later than the 10th day after the date the notice is filed, obtains an order from the appropriate local administrative judge described by Section 11.102 (Permission by Local Administrative Judge)(a) permitting the filing of the litigation.(c)
An order dismissing litigation that was mistakenly filed by a clerk may not be appealed.
Source:
Section 11.1035 — Mistaken Filing, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.11.htm#11.1035 (accessed Apr. 13, 2024).
