In Re Daniel Montes, Jr. v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-26-00877-CV In re Daniel Montes, Jr. ORIGINAL PROCEEDING FROM HAYS COUNTY MEMORANDUM OPINION On September 22, 2026, we sent Relator Daniel Montes, Jr. a letter instructing him to obtain permission from an appropriate local administrative judge to file this original proceeding because Relator had been declared a vexatious litigant. See Tex. Civ. Prac. & Rem. Code § 11.054 (stating criteria for finding a pro se litigant a vexatious litigant). We advised Relator that failure to do so would result in dismissal. Relator has not demonstrated permission from an appropriate local administrative judge to file this original proceeding. See Tex. Civ. Prac. & Rem. Code § 11.103(a). Accordingly, a prerequisite to filing this original proceeding was not met and it should not have been filed. See id.; Madugula v. FM 969 Com. Dev., LLC, No. 03-24-00565-CV, 2024 WL 4362839, *1–2 (Tex. App.—Austin Oct. 2, 2024, no pet.) (mem. op.) (dismissing appeal for want of jurisdiction because appellant who had been declared vexatious litigant had not requested permission from local administrative judge).  For this reason, we dismiss Relator’s petition for writ of mandamus for want of jurisdiction. __________________________________________ Darlene Byrne, Chief Justice Before Chief Justice Byrne, Justices Kelly and Theofanis Filed: October 16, 2026 2