No Vexation Without Litigation

A pro se litigant has managed to obtain mandamus relief from the court of appeals.  The litigation started after Mr. Florance filed a $129 lien against the property of the Colin County Clerk.  The trial court invalidated the lien, and the court of appeals rejected both Florance’s appeal and a subsequent bill of review.  But the trial court had also declared Florance to be a vexatious litigant, a ruling that came well after the court lost its plenary power.  The court of appeals footnoted that problem in one of its previous opinions, and Florance took the opportunity to challenge the vexatious litigant finding by filing for a writ of mandamus.  Although the court of appeals initially denied any relief, the panel changed its mind after Florance filed a motion for en banc rehearing.   The panel held that the vexatious litigant order was not an exercise of the trial court’s continuing power to enforce its prior judgment, and that it was otherwise void because it was signed after the expiration of plenary power.  Because mandamus is the appropriate mechanism to require a trial court to vacate a void order, the court of appeals conditionally granted the writ.

In re Florance, No. 05-12-00713-CV (mandamus)

In re a Purported Lien or Claim Against Collin County Clerk Brenda Taylor, 219 S.W.3d 620 (Tex. App.-Dallas 2007, pet. denied) (first appeal)

Florance v. State, 352 S.W.3d 867 (Tex. App.-Dallas 2011, pet. denied) (appeal from bill of review)

Florance v. State, No. 05-08-00984-CR (memorandum opinion affirming conviction and 6-month sentence for failure to release fraudulent lien)

Florance v. Buchmeyer, 500 F.Supp.2d 618 (N.D. Tex. 2007) (dismissing lawsuit against state judge, federal judge, district attorney and assistant district attorneys, district attorney’s investigator, county clerk, unknown clerks, city prosecutor, assistant attorney general, Collin County, the State of Texas, and the federal government)