Rem. Code Ann. § 14.003(b)(4), 14.004 (court's considerations for
determining whether a claim is frivolous and requirement for an "Affidavit
Related to Previous Filings").
We sustain issue four.
CONCLUSION
We reform the judgment to state:
THE ABOVE STYLED AND NUMBERED CAUSE IS HEREBY
DISMISSED WITHOUT PREJUDICE AS TO THE FOLLOWING REASONS: FAILURE TO STATE CAUSE OF ACTION AND FAILURE TO COMPLY WITH SECTION
14 OF CIVIL PRACTICE AND REMEDIES CODE.
Having overruled issues one, two,
and three, and sustained issue four, we affirm the judgment as reformed.
BILL VANCE
Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
(Chief Justice Gray
dissenting)
Affirmed as reformed
Opinion delivered and filed February
23, 2005
[CV06]