Legal Opinion · Dissent
CTL/Thompson Texas, LLC v. Starwood Homeowner's Association, Inc.
Court of Appeals of Texas
Decided March 26, 2015No. 02-14-00236-CVPublished
1Dissent
BILL MEIER, JUSTICE,
dissenting.
I respectfully dissent from the majority opinion because construing civil practice and remedies code section 150.002(e) to permit a dismissal without prejudice improperly reads a remedy into the statute that the legislature did not intend.
A plaintiffs failure to file an affidavit in accordance with section 150.002 “shall result in dismissal of the complaint against the defendant.” Tex. Civ. Prac. & Rem. Code Ann. § 150.002(e) (West 2011). Further, “[t]his dismissal may be with prejudice.” Id. There are several reasons why a dismissal without prejudice cannot be…
2Cases cited10 opinions
- Texas Department of Transportation v. NeedhamTexas Supreme Court · 2002
- Lexington Insurance Co. v. StrayhornTexas Supreme Court · 2006
- Gary Wayne Jaster v. Comet II Construction, Inc., Joe H. Schneider, Laura H. Schneider, and Austin Design GroupTexas Supreme Court · 2014
- Travis Central Appraisal District v. NormanTexas Supreme Court · 2011
- ctl/thompson Texas, Llc v. Starwood Homeowner's Association, Inc.Texas Supreme Court · 2013
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