Case notes

Courts of Appeals · March 31, 2022 Attorney's Right to Petition vs. Client's Right to Petition An attorney who represents a client in court, is exercising his own right to petition even though he represents the client.

Courts of Appeals · November 23, 2021 Probate, Anti-Slapp and Attorneys Being Sued Attorneys who prepared a will and later filed it for probate were sued by disgruntled heirs. They filed a Anti-Slapp motion which they lost on one part.

Courts of Appeals · February 15, 2021 Texas Anti-Slapp appeals - 20 days A notice of appeal in a Texas Anti-Slapp suit must be filed within 20 days whether a party is appealing a denial or granting of the motion,

Courts of Appeals · February 13, 2021 Lis Pendens and Texas Anti-Slapp A motion to move and expunge a Lis Pendens is a legal action under the Texas Anti-Slapp (TCPA) statute and can be dismissed on proper proof.

Courts of Appeals · May 7, 2020 A remand after finding the Texas Anti-SLAPP, TCPA law applies After finding that the Texas Anti-SLAPP law applied, the appeals court remanded the case to the trial court so the non-movant could put on evidence.

Courts of Appeals · May 2, 2020 Can you appeal an oral order denying an anti-SLAPP motion to dismiss? If the trial judge orally denies a motion to dismiss under the Texas Anti-SLAPP law, you may not be able to file an interlocutory appeal.

Courts of Appeals · April 16, 2020 Nonsuits and the Texas Anti-SLAPP, TCPA law - not Always? A nonsuit after a motion to dismiss under the Texas Anti-SLAPP, TCPA law does not affect the motion to dismiss but it can, in some circumstances.

Courts of Appeals · April 14, 2020 A Motion for Sanctions is not a "Legal Action" under the Texas Anti-SLAPP, TCPA LAW Seeking sanctions for misconduct in litigation, is not a legal action under the Texas Anti-SLAPP, TCPA law since they look at attorney conduct.

Courts of Appeals · March 24, 2020 Under the Texas Anti-SLAPP Law, Attorney Immunity Doesn't Apply to Suits by Clients Under the Texas Anti-SLAPP, TCPA law, attorney immunity does not apply if the suit is a client suing. Attorney immunity only applies to suits by non-clients.

Courts of Appeals · March 23, 2020 Attorney Immunity Under the Texas Anti-SLAPP, TCPA Law You can't sue the attorney on the other side for actions that a lawyer normally does in the process of representing his client. TexasAnti-SLAPP.

Courts of Appeals · March 18, 2020 Rule 91a Motions and Motions to Transfer are not Legal Actions under the TCPA Court ruled that the Texas Anti-SLAPP statute did not apply to a motion to transfer and a motion to dismiss under Rule 91a they are not legal actions.

Courts of Appeals · March 17, 2020 Suit to Remove Trustee as a Texas Anti-SLAPP, TCPA Claim Even in stodgy old probate and trust law, like a suit to remove a trustee, attorney's might find the need to file or respond to a Texas Anti-Slapp claim.

Courts of Appeals · March 12, 2020 Effect of Special Exceptions on Filing Deadlines in a TCPA Claim This article discusses the issue of how sustained special exceptions and factual allegations affect the deadlines in Texas Anti-SLAPP cases.

Courts of Appeals · July 29, 2019 Non-monetary sanctions and punitive sanctions are not allowed by the Texas anti-SLAPP, TCPA, statute Plaintiff sued defendant for defamation.

Courts of Appeals · July 3, 2019 Only communications by the movant are protected by the Texas anti-SLAPP, TCPA, statute The communication that is protected by the Texas anti-SLAPP, TCPA, statute is the movant's communication, not the non-movant's communication. In this suit,…

Courts of Appeals · June 26, 2019 Filing a Texas anti-SLAPP motion after an injunction hearing is frivolous Trade secrets, non-compete, etc.

Courts of Appeals · June 21, 2019 A Texas anti-SLAPP motion to dismiss based on "a matter of public concern" must contain evidence of that concern Clearview sued Stroud for breach of contract, fraud, breach of fiduciary duty and breach of non-compete agreement.

Courts of Appeals · June 20, 2019 Texas anti-SLAPP does not encompass a motion for sanctions alleging discovery abuse A motion for sanctions, can it be dismissed under the Texas anti-SLAPP, TCPA? The law was amended by the 2019 legislature effective Sept. 1, 2019. The new…

Courts of Appeals · May 6, 2019 How Much Discovery Is Too Much Discovery In A Texas anti-SLAPP Case When a Texas anti-SLAPP motion to dismiss has been filed, all proceedings in the trial court, including discovery, or stayed. The trial court can allow…

Courts of Appeals · April 20, 2019 When The Judge Fails To Rule - Contrast Between Rule 91a And The Texas anti-Slapp Statute When the judge fails to rule on a motion to dismiss under the Texas anti-SLAPP, TCPA, statute, the results are different from a failure rule on a Rule 91a…

Courts of Appeals · April 18, 2019 All Causes Of Action Pleaded In A Texas anti-SLAPP, TCPA, Case Must Be Addressed Statute

Courts of Appeals · April 17, 2019 In A Texas anti-SLAPP, TCPA, Case, If The Non-Movant Raises The Commercial Speech Exemption, You Must Address It Or You May Lose Suit over violation of employment agreement.

Courts of Appeals · April 4, 2019 The Texas anti-SLAPP, TCPA, Law Applies to Lawyer Discipline Disciplinary proceeding against attorney.

Courts of Appeals · March 27, 2019 Texas anti-SLAPP, TCPA, Does Not Apply to 3rd Party Subpoenas The Texas anti-SLAPP, TCPA, law may not apply to discovery motions. It does not apply to 3rd party subpoenas according to the Dallas Court of Appeals

Courts of Appeals · March 24, 2019 Texas anti-SLAPP, TCPA, Doesn't Apply If It Would Be "Illogical" Or If It Would Cause "Absurd Result" The Texas anti-SLAPP, TCPA, law may not apply to stealing trade secrets althought other Texas courts have determined that it does apply to those claims.

Courts of Appeals · March 12, 2019 Evidence in a Texas anti-SLAPP, TCPA, Case The Texas anti-SLAPP, TCPA, law requires evidence but what evidence. This article discusses what evidence is required and what is not required.

Courts of Appeals · March 9, 2019 Texas anti-SLAPP, TCPA, Attorney Immunity, Commercial Speech and Rule 202 Pre-suit Depositions Rule 202 pre-suit deposition

Courts of Appeals · February 28, 2019 The Right of Association Requires More Than Two People in a Texas anti-SLAPP, TCPA, Claim (1) breach of fiduciary duty, (2) money had and received, (3) declaratory judgment, (4) attorney's fees, and (5) exemplary and punitive damages.

Courts of Appeals · February 25, 2019 Denial of Attorney's Fees in a Texas anti-SLAPP, TCPA, Case - Interlocutory Appeal If a trial court grants a motion to dismiss under the Texas anti-SLAPP, TCPA, but denies attorney's fees, you can only file a regular appeal, not an…

Courts of Appeals · February 22, 2019 Texas anti-SLAPP, TCPA, Hospital Liens and Declaratory Judgments The Texas anti-SLAPP, TCPA, law is involked when a patient files a declaratory judgment action in a suit where a hospital has filed a lien.

Courts of Appeals · February 21, 2019 Examples of Sanctions in a Texas anti-SLAPP, TCPA, CASE These are examples of mandatory sanctions that have been awarded or upheld by the courts in a Texas anti-SLAPP, TCPA, case.

Courts of Appeals · February 10, 2019 Under the Texas anti-SLAPP, TCPA, Attorney's Fees Cannot be Overruled by Operation of Law If a trial court grants a motion to dismiss under the Texas anti-SLAPP, TCPA, but doesn't award attorney's fees immediately, the award is not overruled by…

Courts of Appeals · January 22, 2019 Are You Entitled to Pro Bono Attorney's Fees in a Texas anti-SLAPP, TCPA, Case? In a Texas anti-SLAPP, TCPA, case, if the attorneys for the movant are working pro bono or working without a contract, does the movant "incur" attorney's fees?

Courts of Appeals · January 18, 2019 In a Texas Anti-SLAPP, TCPA, Motion to Dismiss, General Allegations that Merely Recite the Elements of a Cause of Action are not Clear and Specific Evidence General Allegations that Merely Recite the Elements of a Cause of Action are not Clear and Specific Evidence

Courts of Appeals · January 17, 2019 If a Texas anti-SLAPP, TCPA, Motion to Dismiss Could Have Been Filed but was not, do the Courts Lack Subject Matter Jurisdiction? Failing to file a Texas anti-SLAPP, TCPA, motion to dismiss does not deprive the court of subject matter jurisdiction. A motion must be filed.

Courts of Appeals · January 13, 2019 In a Texas Anti-SLAPP, TCPA, Case, Should the Court Consider Evidence in a Light Most Favorable to the Nonmovant Lindamood sued Mogged, et al. for defamation

Courts of Appeals · January 10, 2019 Failing to Respond Under the Texas Anti-SLAPP, TCPA, may be Fatal Failing to Respond Completely Under the Texas Anti-SLAPP, TCPA, may be Fatal. This is a suit between attorneys over splitting contingency fees.

Courts of Appeals · December 27, 2018 Under the TCPA, Conditional Appellate Attorney's Fees are Required The trial court must award conditional awards of attorney's fees for appeals in a Texas Anti-Slapp case if a motion to dismiss is granted.

Courts of Appeals · December 20, 2018 An Interlocutory Appeal Under the Texas anti-SLAPP Law, Tolls the Deadlines in a Separate anti-SLAPP Motion to Dismiss Filed by a Third Party in the Same Case. After a motion to dismiss under the Texas anti-SLAPP law was denied, the movant filed an interlocutory appeal. Sullo v. Kubosh, 01-18-00418-CV, (Tex. App. -…

Courts of Appeals · December 18, 2018 Texas Anti-SLAPP Motion and Subject Matter Jurisdiction In Offshore Express, Inc. v. Klein Investigations and Consulting, 09-17-00333-CV, (Tex. App. - Beaumont December 13, 2018), the trial court had entered…

Courts of Appeals · December 17, 2018 Texas Anti-SLAPP, Non-Suit and Proof of Damages In Barker v. Hurst, No. 01-17-00838-CV, 2018 WL 3059795, at 8 (Tex. App.-Houston [1st Dist.] June 21, 2018, no pet.) (mem. op.), a school principal,…

Courts of Appeals · December 14, 2018 Texas Anti-SLAPP Law, TCPA, Facebook and Flyers In Minett v. Snowden, 05-18-00003-CV, (Tex. App. Dallas June 12, 2018) (mem. op) (pet. denied), a candidate for school board, Snowden, filed suit against a…

Courts of Appeals · December 13, 2018 Texas Anti-SLAPP law (TCPA) and Home Owner's Associations (HOA) Does the Texas Citizens Participation Act (TCPA) often referred to as the Texas Anti-Slapp law, apply to a Home Owner's Association or HOA suing a home…

Courts of Appeals · December 6, 2018 Texas Anti-SLAPP, SAPCR and Prima Facie Case by Nonmovant Who Filed No Evidence In Smith v. Malone, 05-18-00216-CV, (Tex. App. - Dallas November 27, 2018), a suit affecting the parent child relationship (SAPCR), an unmarried couple had…

Courts of Appeals · December 5, 2018 Texas Anti-SLAPP law, the Singer Salena and Declaratory Judgments "Deleb” is a term used by the entertainment industry for a deceased celebrity whose estate continues to generate substantial revenues after the death of the…

Courts of Appeals · December 1, 2018 What is the Triggering Document for Deadline Purposes in a Texas Anti-SLAPP case In Mancilla v. Taxfree Shopping, LTD, 05-18-00136-CV, (Tex. App. - Dallas, November 16, 2018) the court had to decide what filing was the triggering…

Courts of Appeals · November 19, 2018 Texas Anti-SLAPP Law, Veterinarians and Commercial Speech In Giri v. Estep, 03-17-00759-CV, (Tex. App.-Austin May 4, 2018) (mem. op.), the appeals court had to decide if the commercial-speech exemption of the Texas…

Courts of Appeals · November 15, 2018 Interplay Between the Texas Anti-SLAPP Statute and the Principle of "Law Of The Case" In Cummins v. Lollar, 07-16-00337-CV, Tex. App. - Fort Worth May 3, 2018, pet. denied) the court determined that the facts in a new lawsuit were…

Courts of Appeals · November 1, 2018 Texas anti-SLAPP Law and Nonsuit, Breach of Contract, Waiver and Oil and Gas In Lona Hills Ranch, LLC v. Creative Oil & Gas Operating, LLC, No. 03-17-00743-CV, (Tex. App. - Austin April 19, 2018) the appeals court had to determine if…

Courts of Appeals · October 15, 2018 Can Trial Court Deny A Texas Anti-Slapp Motion Without Following The Framework Of The Statute In Reeves v. Harbor Am. Cent., Inc., 14-17-00518-CV (Tex. App. - Houston [14th] June 27, 2018), an employee sued his former company for failing to pay…

Courts of Appeals · October 11, 2018 Under The Texas Anti-Slapp Law, Can The Non-Movant Recover Attorney's Fees In Sullivan v. Tex. Ethics Comm'n, 03-17-00392-CV, (Tex. App. - Austin May 17, 2018), the appeals court had to decide whether the winning non-movant in a…

Courts of Appeals · October 3, 2018 Texas Anti-Slapp Law And Hospital Liens In East Texas Medical Center, Athens v. Hernandez, 12-17-00333-CV, (Tex. App. - Tyler May 31, 2018 pet. denied) (mem. op.) the plaintiff was injured in a…

Courts of Appeals · October 2, 2018 The Texas Anti-Slapp Interlocutory Appeal Time limit Is Not Extended By A Motion For New Trial In McCormick v. Connor, 03-18-00031-CV, (Tex. App. - Austin, May 2, 2018) (mem. op), an interlocutory appeal was filed under the Texas Anti-Slapp or TCPA…

Courts of Appeals · October 1, 2018 Doctors Fighting and the Texas Anti-Slapp Law In Price v. Buschemeyer, 12-17-00180-CV, (Tex. App - Tyler, March 29, 2018)(mem. op.), the court had to decide if and how the Texas Anti-Slapp or TCPA…

Courts of Appeals · September 13, 2018 Texas Anti-Slapp Law And Breach Of Contract In Toth v. SEARS HOME IMPROVEMENT PRODUCTS, INC., 14-17-00615-CV, (Tex. App. - Houston [14th] May 10, 2018) the court had to decide if the commercial speech…

Courts of Appeals · June 24, 2018 Texas Anti-Slapp Law's Right To Associate Has To Be Your Right Not Other's Right In LFMC Enters., LLC v. Baker, 01-17-00558-CV (Tex. App. - Houston [1st] March 27 2018) a bar patron was injured in a fight at a bar.

Courts of Appeals · May 8, 2018 Texas Anti-Slapp Law and Divorce In Collins v. Collins, No. 01-17-00817-CV, (Tex. App. - Houston[1st Dist.], March 15, 2018) (mem. op.) Corinna Collins, the former wife of Bryant Collins,…

Courts of Appeals · May 5, 2018 Texas Anti-Slapp Law and Interlocutory Appeals In Cavin v. Eagle Radiology, PLLC, No. 03-18-00073-CV, (Tex. App. - Austin April 30, 2018), the central issue was whether or not a party can appeal the…

Courts of Appeals · May 4, 2018 Texas Anti-Slapp Law and Quasi-Judicial Immunity In COMAL AG OPERATIONS, LLC v. Kelley, No. 04-17-00692-CV (Tex.App. - San Antonio February 15, 2018) Comal Ag sued two individuals for defamation. The…

Courts of Appeals · May 3, 2018 Texas Anti-Slapp Law and Actionable Words versus Opinions In Garcia v. Seguy, No. 13-16-00616-CV, (Tex. App. - Corpus Christi February 15, 2018), the appeals court had to decide if under the Texas Citizens…

Courts of Appeals · February 21, 2018 Texas Citizen's Participation Law and "Equitable and Just" Attorney's Fees Anti-Slapp in Texas

Courts of Appeals · February 19, 2018 Texas Anti-Slapp Law Appeal Before Hearing Anti-Slapp in Texas

Courts of Appeals · January 11, 2018 When is Speech a "Bodily Injury" Which is Exempted Under the Texas Anti-Slapp Law Anti-Slapp in Texas

Courts of Appeals · January 8, 2018 Texas Anti-Slapp Law and Cease and Desist Letters Morales is an attorney. He sued Barnes on behalf of Barnes ex-wife alleging assault. During the litigation, Morales sent two letters to Barnes employers.

Courts of Appeals · January 8, 2018 Texas Anti-Slapp Law and Trade Secrets This case seemed like a run of the mill trade secret and "confidential, proprietary, and trade secret information" case. The defendants were former…

Courts of Appeals · December 27, 2017 Texas Anti-Slapp Law Motion to Dismiss and a Timely Hearing The Texas anti-SLAPP law, TCPA, requires a timely hearing before a party can appeal. The record must show that a party requested a hearing.

Courts of Appeals · December 23, 2017 Texas Anti-Slapp Statute or TCPA, and Declaratory Judgments In Dolcefino v. Cypres Creek EMS, No. 01-17-00254-CV, (Tex. App. - Houston [1], December 19, 2017,Dolcefino, a journalist, asked for information from CCEMS…

Courts of Appeals · December 23, 2017 Texas Anti-Slapp Statute or TCPA and the Defamation Mitigation Act (DMA) In Hearst Newspapers, et. al. v. Status Lounge Incorporated, No. 14-17-00310-CV, (Tex. App. - Houston [14th], December 19, 2017, the court discussed the…

Courts of Appeals · December 7, 2017 Under the Texas Anti-Slapp law is saying "I won't do it again" Sufficient to Avoid Mandatory Sanctions The Texas Anti-Slapp statute provides that the trial court shall award sanctions to a person who brings a successful Texas Anti-Slapp motion. The Fort Worth…

Courts of Appeals · November 18, 2017 Texas Anti-Slapp Statute And Defamation Per Se In Van Der Linden, v. Khan, No. 02-16-00374-CV (Tex. App. – Fort Worth, November 9, 2017), the court had a good discussion on defamation per se in the…

Courts of Appeals · November 18, 2017 Texas Anti-Slapp And Pre-Suit Depositions Under Rule 202 In Puig et. al. v. Hejtmancik,,(Tex. App. – Houston [14th] November 14, 2017), the court ruled that it did not have jurisdiction because there was no record…

Courts of Appeals · November 15, 2017 Texas Anti-Slapp Motion Survives A Motion To Nonsuit In DUCHOUQUETTE v. PRESTIGIOUS PETS, LLC, No. 05-16-01163-CV (Tex. App. - Dallas, November 6, 2017), a husband and wife left their pets, including their…

Courts of Appeals · November 7, 2017 Texas Anti-Slapp Deadlines Are Not Optional The deadlines in the Texas anti-SLAPP law, TCPA, must be followed. There must be information in the record that the timelimits were met.

Courts of Appeals · October 20, 2017 Texas Anti-Slapp Appeal Rights Without A Hearing The Texas anti-SLAPP law, TCPA, requires a timely hearing. If the trial court will not set a hearing, the record must show that a hearing was requested.

Courts of Appeals · October 20, 2017 Texas Anti-Slapp Motion Against An Anti-Slapp Motion In PAULSEN v. YARRELL, No. 01-16-00061-CV, (Tex. App. Houston[1st] October 12, 2017) the Houston court was asked to decide if the Texas Anti-Slapp statute,…

Courts of Appeals · October 19, 2017 Texas Anti-Slapp And Routine Collection Suit This case began as a routine collections suit. It turned into a Texas Citizens Participation Act (TCPA) case. MVS INTERNATIONAL CORPORATION, et al v.…

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