Scott V. Gallagher

Appellant, Michael Scott, appeals an order dismissing his lawsuit for failure to comply with Chapter 14 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. §§ 14.001--.014 (Vernon 2002). In his first issue, Scott asserts that the trial court did not have jurisdiction and, therefore, its order of dismissal is void. In his second and third issues, Scott contends that the trial court abused its discretion by dismissing his lawsuit because (1) no proof establishes that he failed to file an affidavit of previous lawsuits, (2) any complaints about the affidavit were waived when defects in the affidavit were not specifically pointed out, and (3) his lawsuit was not frivolous. We conclude that the trial court properly exercised jurisdiction over this matter. We further conclude that Scott's claim is frivolous under Chapter 14 of the Civil Practice and Remedies Code. We therefore affirm.