Denial of Attorney’s Fees in a Texas anti-SLAPP, TCPA, Case – Interlocutory Appeal
Background Statute Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. §...
Read More
Tag: Appeal
Under the Texas anti-SLAPP, TCPA, Attorney’s Fees Cannot be Overruled by Operation of Law
Background Statute Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. §...
Read More
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.
Background After a motion to dismiss under the Texas anti-SLAPP law was denied, the movant filed...
Read More
Texas Anti-SLAPP Motion and Subject Matter Jurisdiction
Background In Offshore Express, Inc. v. Klein Investigations and Consulting, 09-17-00333-CV, (Tex....
Read More
Interplay Between the Texas Anti-SLAPP Statute and the Principle of “Law Of The Case”
The Texas Anti-Slapp statute (TCPA)- what is it? Background In Cummins v. Lollar, 07-16-00337-CV,...
Read More
The Texas Anti-Slapp Interlocutory Appeal Time limit Is Not Extended By A Motion For New Trial
The Texas Anti-Slapp statute (TCPA)- what is it? Background In McCormick v. Connor,...
Read More
Texas Anti-Slapp Law and Interlocutory Appeals
The Texas Anti-Slapp statute (TCPA)- what is it? Background In Cavin v. Eagle Radiology, PLLC, No....
Read More
Texas Anti-Slapp Law Appeal Before Hearing
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 MoreTexas Anti-Slapp Statute or TCPA and the Defamation Mitigation Act (DMA)
Background 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 MoreTexas Anti-Slapp And Pre-Suit Depositions Under Rule 202
Hearing 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...
Read MoreTexas Anti-Slapp Motion Survives A Motion To Nonsuit
Justice Court 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 fish, under the care of Pets. They watched their fish...
Read MoreTexas Anti-Slapp Appeal Rights Without A Hearing
Texas Anti-Slapp Appeal Rights Without A Hearing Facts In a defamation case heard by the Dallas Court of Appeals, MOLLY v. GORDON, No. 05-17-00176-CV, (Tex. App. – Dallas, September 26, 2017 no. pet.) (mem. op.) , the...
Read More
