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Griggs v. Wood8/30/2001
ation in the ERISA action fell below the applicable standard of care. Because the August motion could properly have been granted against the malpractice claim based on a lack of evidence of causation, and because the remaining claims for breach of fiduciary duty, DTPA violations, and breach of contract were, in substance, the same legal malpractice claim, the granting of summary judgment against the malpractice claim effectively disposed of the breach of fiduciary duty, DTPA, and breach of contract claims as well. Accordingly, Griggs's first issue is overruled.
Griggs's second issue contends that the trial court abused its discretion in striking his 1998 fourth amended petition when it struck his 1999 fourth amended petition. Again, as noted previously, we interpret the trial court's August 16, 1999, order to strike only the 1999 fourth amended petition because Wood's motion to strike sought only to strike that petition. Because the 1998 fourth amended petition thereafter remained a live pleading, and because Griggs complains of the striking of the 1999 fourth amended petition only to the extent it deprived him of the claims asserted in the 1998 fourth amended petition, his second issue presents nothing for our review beyond what has been addressed in the preceding issues. Accordingly, Griggs's second issue is overruled, and the judgment of the trial court is affirmed.
Judgment rendered and Opinion filed August 30, 2001.
Do not publish -- TEX. R. APP. P. 47.3(b).
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