CTL/Thompson Texas, LLC v. Starwood Homeowner's Association, Inc.

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-14-00236-CV CTL/THOMPSON TEXAS, LLC APPELLANT V. STARWOOD HOMEOWNER’S APPELLEE ASSOCIATION, INC. ---------- FROM THE 431ST DISTRICT COURT OF DENTON COUNTY TRIAL COURT NO. 2011-10364-16 ---------- DISSENTING OPINION ---------- 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 plaintiff’s failure to file an affidavit in accordance with section…