Change of direction
I am changing this blog to focus on the average attorney handling average cases that might occasionally file or encounter a Texas anti-slap motion.
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Category: Supreme Court
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.
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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 an Anti-Slapp motion which they lost on preparing the will.
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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,
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Lis Pendens and Texas Anti-Slapp
A motion to remove and expunge a Lis Pendens is a legal action under the Texas Anti-Slapp (TCPA) statute and can be dismissed on proper proof.
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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 showing whether it could produce clear and specific evidence of each of its claims. They did not reverse and render!
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Can you appeal an oral order denying an anti-SLAPP motion to dismiss?
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.).
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Nonsuits and the Texas Anti-SLAPP, TCPA law – not Always?
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.
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A Motion for Sanctions is not a “Legal Action” under the Texas Anti-SLAPP, TCPA LAW
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.
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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.
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