In Morris v. Collins, 881 S.W.2d 138 (Tex. App.-Houston [1st Dist.] 1994, writ denied), an inmate sought an injunction. 881 S.W.2d at 139. The trial court denied the application for writ of injunction, making five findings, including a finding that the action was frivolous under section 13.001. See id. Although the appellate court did not need to reach the finding under section 13.001, and therefore the court's statements about this finding are mere dicta, the court did state in a footnote that section 13.001 "only allows a trial court to dismiss a suit for being frivolous, not to rule on the merits." See id.