In re Daniel Montes, Jr. — Memorandum Opinion by Chief Justice Byrne

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00877-CV
In re Daniel Montes, Jr.
ORIGINAL PROCEEDING FROM HAYS COUNTY
M E M O R A N D U M 	O P I N I O N
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).

2
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