Opinion
No. 04-02-00292-CV.
Delivered and Filed: June 11, 2003.
Appeal from the 172nd Judicial District Court, Jefferson County, Texas, Trial Court No. E-166,055, Honorable Donald Floyd, Judge Presiding.
SECOND MOTION FOR REHEARING DENIED; AFFIRMED AS MODIFIED.
Sitting: Catherine STONE, Justice, Paul W. GREEN, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION, SUPPLEMENTAL OPINION ON REHEARING
The appellant's second motion for rehearing is denied. This court's judgment issued April 16, 2003 is withdrawn and an amended judgment is substituted.
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On May 23, 2003, appellant filed an untimely second motion for rehearing, raising for the first time the issue of whether the trial court erred by dismissing his claims "with prejudice." When an inmate's claim fails to meet the requirements of Chapter 14 of the Texas Civil Practice and Remedies Code and the inmate has not been given an opportunity to amend his pleading to meet the requirements, dismissal of the case on procedural grounds should be "without prejudice." See Hickman v. Adams, 35 S.W.3d 120, 124-25 (Tex.App.-Houston [14th Dist.] 2000, no pet.). We modify the trial court's judgments of January 25, 2002 to delete the words "with prejudice" and affirm the judgments as modified.
See Tex. Civ. Prac. Rem. Code § 14.004 (Vernon 2002).
There are two judgments signed January 25, 2002, and both are titled ORDER. One judgment dismisses all claims as to appellees Doughty and Thompson, and the other dismisses all claims as to appellee Johnson.