The opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-24-00410-CV
NO. 03-24-00509-CV
Rickye Henderson, Appellant
v.
Armbrust & Brown, PLLC; David King; Guillermo Alarcon; and Ali Arabzadegan,
Appellees
FROM THE 200TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-24-003064, HONORABLE F. SCOTT MCCOWN, JUDGE PRESIDING
MEMORANDUM OPINION
In this Court’s cause number 03-24-00410-CV, Rickye Henderson brought an
interlocutory appeal from the trial court’s order declaring him a vexatious litigant. See Tex. Civ.
Prac. & Rem. Code § 11.101(a) (authorizing court to enter order prohibiting person from filing,
pro se, new litigation in court without permission of appropriate local administrative judge),
(c) (authorizing appeal from prefiling order entered under Subsection (a)). In this Court’s cause
number 03-24-00509-CV, Henderson appeals from the trial court’s order granting motion to
dismiss and final judgment. The trial court dismissed Henderson’s claims because he did not
furnish security to proceed after he was declared a vexatious litigant. See id. § 11.056 (requiring
court to dismiss litigation as to moving defendant if plaintiff ordered to furnish security does not
furnish security within time set by order).
On January 6, 2025, appellees advised the Court by letter that the interlocutory
appeal in this Court’s cause number 03-24-00410-CV had been rendered procedurally moot by
the trial court’s entry of a final judgment. They request that this Court dismiss the appeal or
consolidate the two appeals. At this juncture, the briefing has been completed in both cases, and
Henderson’s challenge to the interlocutory order declaring him a vexatious litigant has merged
into the final judgment. See Tex. R. App. P. 27.3; Chen v. Razberi Techs., Inc., 645 S.W.3d 773,
779 (Tex. 2022) (agreeing that Rule 27.3 applied and that “court of appeals erred in failing to
treat the appeal of the special appearance order as an appeal from the final judgment into which
the ruling merged”). In this context, we consolidate the two above-referenced cause numbers for
all purposes. The issues, records, and documents filed in cause number 03-24-00410-CV are
consolidated into cause number 03-24-00509-CV. The consolidated appeal shall proceed under
cause number 03-24-00509-CV, and cause number 03-24-00410-CV is hereby dismissed. 1
__________________________________________
Rosa Lopez Theofanis, Justice
Before Justices Triana, Theofanis, and Ellis
03-24-00410-CV Dismissed
03-24-00509-CV Consolidated
Filed: January 10, 2025
1 We also deny Henderson’s pending motions before this Court in cause number
03-24-00410-CV.
2