SW2d 340 (Tex. 1996). Attached hereto as Exhibit B is the affidavit of Donald R. Fitzgibbons, Chief Financial Officer ofJNV, confirming pursuant to Tex. Civ. Prac. & Rem. Code Ann. §§ 61.001 and 61.002 that he has good reason to believe, and does believe, in the existence of a cause which, according to T