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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Tag: Hearing
The Texas Anti-SLAPP Law Does not Apply in Federal Courts on a Federal Question
The Texas Anti-Slapp statute (TCPA)- what is it? Background In MISKO v. BACKES d/b/a BACKES...
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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.
Read MoreTexas Anti-Slapp Law Motion to Dismiss and a Timely Hearing
Texas Anti-Slapp Law Motion to Dismiss and a Timely Hearing Background In Grubbs v. ATW Investments, Inc., 544 S.W.3d 421, (Tex. App. – San Antonio 2017, no. pet.), ATW filed suit against Grubbs, an attorney, for attorney...
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 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...
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