The Houston 1st court of appeals decided it did not have jurisdiction over a case because the trial judge orally denied a motion to dismiss filed under the Texas Anti-SLAPP, TCPA statute. An interlocutory appeal can only be taken from a written order denying a motion to dismiss. Casillas v. M&S Concrete, 01-19-00145-CV (Tex. App. – Houston [1st] April 28, 2020, no pet. h.) (mem. op.).Read More
Author: Robert Ray
The general rule is that if a party dismisses all or part of their claims after a motion to dismiss under the Texas Anti-SLAPP, TCPA law has been filed against them, the nonsuit will not affect the motion to dismiss and the moving party’s right to attorney’s fees, cost and sanctions. But there are exceptions.Read More
Seeking sanctions for misconduct in litigation, including the filing of an allegedly frivolous or groundless lawsuit, is not a legal action under the Texas Anti-SLAPP, TCPA law.Read More
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.Read More
You can’t sue the attorney on the other side for actions that a lawyer normally does in the process of representing his client. If you do, you will have a TexasAnti-SLAPP motion to dismiss filed against you.Read More
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