In Re Alice Andrews

OPINION

Opinion by

Justice FRANCIS.

This original proceeding involves the third lawsuit brought by Eric Von Drake against relator Alice Andrews arising out of the same automobile accident. Andrews sought to have Drake declared a vexatious litigant and to have him furnish security. For reasons explained below, the trial court concluded the Vexatious Litigant Statute cannot apply in this case and, without considering the merits of Andrews’s motion, denied it.

We conclude the statute can apply in the circumstances presented here and that Andrews was therefore entitled to a hearing on the merits of…