“What is it?”
This blog does not pretend to be an exhaustive review of cases.
It has practical information. Time limits are strict!!!
You wait then it’s too late.
This blog does not give legal advise.
An attorney who represents a client in court, is exercising his own right to petition even though he represents the client.
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.
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,
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.
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!
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.
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.).
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.
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.