In Re Darrell J. Harper v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledMay 28, 2026
Docket01-26-00470-CV
StatusPublished
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Full Opinion
Opinion issued May 28, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-26-00470-CV
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IN RE DARRELL J. HARPER, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Darrell J. Harper, a vexatious litigant subject to a prefiling order,
filed a petition for writ of mandamus challenging the local administrative judgeโs
order denying relator permission to file new litigation. See TEX. CIV. PRAC. & REM.
CODE ยง 11.102(a).
The decision of a local administrative judge denying a litigant permission to
file suit may not be appealed โexcept that the litigant may apply for a writ of
mandamus with the court of appeals not later than the 30th day after the date of the
decision.โ Id. ยง 11.102(f). The administrative judgeโs order denying permission to
appeal was signed on January 26, 2026, but relator did not file his petition in this
Court until May 5, 2026. Because relator failed to file a timely mandamus petition
pursuant to Texas Civil Practice and Remedies Code Section 11.102(f), this Court
is without jurisdiction over the petition for writ of mandamus. See In re Carroll,
No. 05-25-00436-CV, 2025 WL 1117460, at *1 (Tex. App.โDallas Apr. 15, 2025,
orig. proceeding) (mem. op.); see also Parker v. McLaurin, No. 01-13-00606-CV,
2013 WL 5498151, at *1 (Tex. App.โHouston [1st Dist.] Oct. 1, 2013, no pet.)
(per curiam) (mem. op.) (explaining appellate court did not have jurisdiction
because local administrative judgeโs order was not appealable and appellant had
not filed petition for writ of mandamus within thirty days of order).
We dismiss the petition for lack of jurisdiction. Any pending motions are
dismissed as moot.
PER CURIAM
Panel consists of Justices Gunn, Caughey, and Morgan.
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