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Tag: Appeal

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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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.

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Robert Ray

Robert Ray is an attorney who handles cases throughout Texas. The principle office is in Lantana, Texas (DFW area). He is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial law.

What is a Board Certified Attorney?

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