In Re Darrell J. Harper v. the State of Texas

Opinion issued May 28, 2026

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-26-00470-CV
———————————
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 judge’s

order denying relator permission to file new litigation. See TEX. CIV. PRAC. & REM.

CODE § 11.102(a).

The decision of a local administrative judge denying a litigant permission to

file suit may not be appealed “except 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.” Id. § 11.102(f). The administrative judge’s 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.—Dallas Apr. 15, 2025,

orig. proceeding) (mem. op.); see also Parker v. McLaurin, No. 01-13-00606-CV,

2013 WL 5498151, at *1 (Tex. App.—Houston [1st Dist.] Oct. 1, 2013, no pet.)

(per curiam) (mem. op.) (explaining appellate court did not have jurisdiction

because local administrative judge’s 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.

2