[TX] How do I enforce a stay, and can I proceed pro se on my own wrongful-death claim?
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File an interlocutory appeal (or mandamus) in the Texas Court of Appeals (1st or 14th, Houston) from any district-court order refusing to stay/compel arbitration. A Texas trial judge must apply the FAA; if she says she “can’t rule on federal law,” the remedy is state appellate review—not a new motion in federal court. Texas allows immediate appeals from FAA denials (Tex. Civ. Prac. & Rem. Code § 51.016). Deadline is short (typically 20 days). Removal to federal court requires an independent basis (diversity or federal question); the FAA alone doesn’t create federal jurisdiction. Don’t try to use federal court to review the state judge’s refusal (Anti-Injunction Act / Rooker-Feldman).
In Texas, you may appear pro se for your own wrongful-death claim (CPRC § 71.004). You cannot represent the estate (survival claim) or other beneficiaries—that requires an attorney (unless each beneficiary appears pro se individually). To clarify, file a “Notice Clarifying Pro Se Representation” stating you appear only in your individual capacity, and amend your petition to remove survival/others’ claims or ensure each is properly represented. If the judge still blocks you after clarification, seek mandamus in the 1st/14th Court of Appeals. For judicial conduct issues, complain to the Texas Commission on Judicial Conduct (not the State Bar).
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Where do I file a motion to stay proceedings pending arbitration under 9 U.S.C. § 3? I filed a related case in a Harris County district court (Texas), and there’s a related arbitration. The judge says she can’t rule on federal law, which I disagree with. Should I appeal in the state appellate court or file in federal court?
Have you already raised arbitration in the Harris County case?
Yes.
Have you consulted an arbitration/federal-law attorney?
No.
Anything else the lawyer should know?
Yes.
What state are you in?
Texas. Another issue: the judge said I cannot represent myself in this wrongful-death case—“This is not J.P. Court.” She kept asking, “Where is your attorney?” How do I address this? Bar or judicial complaint? Ask the appellate court to opine?
File an interlocutory appeal (or mandamus) in the Texas Court of Appeals (1st or 14th, Houston) from any district-court order refusing to stay/compel arbitration. A Texas trial judge must apply the FAA; if she says she “can’t rule on federal law,” the remedy is state appellate review—not a new motion in federal court. Texas allows immediate appeals from FAA denials (Tex. Civ. Prac. & Rem. Code § 51.016). Deadline is short (typically 20 days). Removal to federal court requires an independent basis (diversity or federal question); the FAA alone doesn’t create federal jurisdiction. Don’t try to use federal court to review the state judge’s refusal (Anti-Injunction Act / Rooker-Feldman).
In Texas, you may appear pro se for your own wrongful-death claim (CPRC § 71.004). You cannot represent the estate (survival claim) or other beneficiaries—that requires an attorney (unless each beneficiary appears pro se individually). To clarify, file a “Notice Clarifying Pro Se Representation” stating you appear only in your individual capacity, and amend your petition to remove survival/others’ claims or ensure each is properly represented. If the judge still blocks you after clarification, seek mandamus in the 1st/14th Court of Appeals. For judicial conduct issues, complain to the Texas Commission on Judicial Conduct (not the State Bar).
I sent the 60-day pre-suit notice within 3 months of death. I thought I could file as an heir within 90 days. Can I file on behalf of my mother’s estate without opening an estate? I didn’t file the case until 2 years later, but sent the 60-day notice within 3 months. The judge signed a defendant’s motion to dismiss with prejudice after saying she wouldn’t rule on my stay-pending-arbitration motion. Do I file a motion to vacate in the appellate court?
If no personal representative is appointed within three months of death, an heir may bring the survival claim in a representative capacity—but the petition must plead that (i) no PR was appointed and (ii) you sue on behalf of the estate and all statutory beneficiaries (CPRC § 71.021). For health-care-liability claims, limitations is generally 2 years; the 60-day notice tolls for 75 days (CPRC § 74.051). Filing after the tolled deadline risks mandatory dismissal with prejudice. If dismissed, first file a motion for new trial in the trial court within 30 days; otherwise, timely notice of appeal. A bare “motion to vacate” filed only in the court of appeals won’t work; you need a proper notice of appeal or, if appropriate, mandamus. Arbitration issues become moot if the case is finally dismissed on limitations.
