United States Fifth Circuit

Modification of an injunction enjoining appellant from directly or indirectly filing claims in any federal or state court or agency in Texas without the express written permission of a judge is affirmed with modification where: 1) after the district court discovered that a prior injunction did not deter appellant from engaging in abusive litigation practices, it had the authority to order him to appear and show cause why the injunction should not be modified; 2) it had jurisdiction to sua sponte modify the injunction to deter his abusive litigation practices; 3) the modification was based on judges' factual findings and appellant was given notice and an opportunity to be heard before the modified injunction was issued; and 4) although broadening the injunction was proper, it was an abuse of discretion to extend the injunction to filings in state courts, state agencies, and the circuit court.

Appellate Information

• Decided 01/03/2008
• Published 01/04/2008

Judges

• DeMOSS, Circuit Judge:, Before DeMOSS, DENNIS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael M. Essmyer (argued), Essmyer, Tritico & Rainey, Houston, TX, for Baum.


• For Appellees:
  
• David Allen Furlew (argued), Henry Lee Hardwick, Thompson & Knight, Houston, TX, for Parties-in-Interest-Appellees.