In Re Patricia Ann Potts v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledAugust 11, 2026
Docket01-26-00785-CV
StatusPublished
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Full Opinion
Opinion issued August 11, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-26-00785-CV
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IN RE PATRICIA ANN POTTS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Patricia Ann Potts, a vexatious litigant subject to a pre-filing order,
and proceeding pro se, filed a petition for writ of mandamus alleging that the trial
court had failed to perform its ministerial duty “to rule on [r]elator’s pending
emergency motions.”1 Relator’s petition identified three separate lower court cause
1
Relator’s petition for writ of mandamus fails to meet the requirements of the Texas
Rules of Appellate Procedure by failing to identify the real party/parties in interest
to the original proceeding and failing to identify the parties served with her original
proceeding. See TEX. R. APP. P. 9.5(e), 52.3(b). The petition for writ of mandamus
numbers, including trial court cause number 2025-48752, pending in the 127th
District Court of Harris County, Texas. However, relator failed to provide a
mandamus record or appendix, including, but not limited to, a mandamus record or
appendix containing any “pending emergency motions” which she alleges the
respondent trial court has refused to rule. See TEX. R. APP. P. 52.3(l)(1), 52.7(a)(1).
Additionally, as noted above, relator has been declared a vexatious litigant
and is subject to a pre-filing order. The Clerk of this Court may not file an original
proceeding in a civil matter presented by a vexatious litigant subject to a pre-filing
order unless: (1) the relator first obtains an order from the local administrative judge
permitting the filing or (2) the relator is appealing from a pre-filing order declaring
her a vexatious litigant. See TEX. CIV. PRAC. & REM. CODE ANN. § 11.103(a), (d).
Relator’s petition for writ of mandamus does not challenge the order declaring her a
vexatious litigant, nor has relator provided any indication that she obtained
permission prior to filing this original proceeding.
Accordingly, we conclude that we lack jurisdiction to grant the mandamus
relief requested by relator. We therefore dismiss relator’s petition for writ of
mandamus for lack of jurisdiction. We dismiss any pending motions as moot.
PER CURIAM
identifies the respondent as the Honorable Denise Brown, the presiding judge of the
127th District Court of Harris County, Texas.
2
Panel consists of Justices Caughey, Johnson, Dokupil.
3