Legal Question in Civil Litigation in Texas

Vexatious Ligitant - Clarification
Chapter 11.054 of the Civil Practice & Remedies Code sets the criteria for a Vexatious Litigant. The first part is "A court may find a plaintiff a vexatious litigant if the defendant shows that there is not a reasonable probability that the plaintiff will prevail...... and that:
(1) the plaintiff, ......
(A) finally determined adversely to the plaintiff;
(B) permitted to remain pending....or
(C) determined .... be frivolous or groundless
(2) after a litigation ........ either:
(A) the validity of the determination ....or
(B) the cause of action, claim,.....determined; or
3) The plaintiff has previously been declared to ...

Question: Do 1 2 and 3 all have to be met or only 1 of the three.

Asked on 10/26/00, 11:08 am

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Re: Vexatious Ligitant - Clarification

One of the subsections of the 3 division must be found in addition to a determination that the litigation was unreasonable in the first instance.

Answered on 11/16/00, 8:53 am

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