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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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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Background Statute Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. §...
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Background Statute Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. §...
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Background After a motion to dismiss under the Texas anti-SLAPP law was denied, the movant filed...
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Background In Offshore Express, Inc. v. Klein Investigations and Consulting, 09-17-00333-CV, (Tex....
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The Texas Anti-Slapp statute (TCPA)- what is it? Background In Cummins v. Lollar, 07-16-00337-CV,...
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The Texas Anti-Slapp statute (TCPA)- what is it? Background In McCormick v. Connor,...
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The Texas Anti-Slapp statute (TCPA)- what is it? Background In Cavin v. Eagle Radiology, PLLC, No....
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An appeal cannot be taken from a denial of a Texas anti-SLAPP, TCPA motion to dismiss if the trial court never held a hearing. If the trial court refuses to hold a hearing, a writ of mandamus is the appropriate remedy. The record must show clearly that a hearing was requested. The writ of mandamus must be timely.
Read MoreBackground 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 interplay between the Texas Anti-Slapp or the Texas...
Read MoreHearing required 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 that the trial court ever had a hearing. The Texas...
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