In re Montes — Mandamus petition dismissed because vexatious litigant lacked permission to file

Case
In re Daniel Montes, Jr.
Court
Texas Court of Appeals, Third District, at Austin
Judge
Darlene Byrne (elected 2020); Chari L. Kelly (elected 2019); Rosa Lopez Theofanis (elected 2022)
Date Decided
October 16, 2026
Docket No.
03-26-00877-CV
Topics
Vexatious Litigants; Mandamus; Jurisdiction
Source
Read the full opinion

Background

Daniel Montes, Jr. filed an original proceeding seeking a writ of mandamus in the Third Court of Appeals. Montes had previously been declared a vexatious litigant.

On September 22, 2026, the court instructed Montes to obtain permission from an appropriate local administrative judge to file the proceeding, as required by the Texas Civil Practice and Remedies Code. The court warned that failure to demonstrate permission would result in dismissal, but Montes did not do so.

The Court’s Holding

The court held that permission from an appropriate local administrative judge was a prerequisite to Montes’s filing under Texas Civil Practice and Remedies Code Section 11.103(a). Because Montes failed to demonstrate that he had obtained the required permission, the original proceeding should not have been filed.

The court therefore dismissed Montes’s petition for writ of mandamus for want of jurisdiction.

Key Takeaways

  • A person declared a vexatious litigant must satisfy statutory prefiling requirements before initiating an original proceeding.
  • Permission must come from an appropriate local administrative judge.
  • Failure to demonstrate the required permission warrants dismissal for want of jurisdiction.

Why It Matters

The decision underscores that Texas courts treat the vexatious-litigant prefiling requirement as jurisdictional. A litigant subject to such an order cannot proceed merely by filing a petition; the required judicial permission must first be obtained and demonstrated.

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