Select Page

The Texas Anti-Slapp Interlocutory Appeal Time limit Is Not Extended By A Motion For New Trial

Texas Anti-Slapp time limits

Written by Robert Ray

I am a Texas attorney. I am Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. My principle office is in Lantana, Texas in the DFW area. I am a past chair of the Texas State Bar Computer & Technology Section. I was appointed by the Chief Justice to serve one year as and ex-officio member on the Judicial Committee on Information Technology.


In McCormick v. Connor, 03-18-00031-CV, (Tex. App. – Austin, May 2, 2018) (mem. op), an interlocutory appeal was filed under the Texas Anti-Slapp or TCPA statute. The timeline was:

October 20, 2017 – Order from trial court;

January 11, 2018 – Notice of appeal filed.

Court of Appeals

The appeals court sent a notice to the appellant stating that his notice appeared to be untimely because the notice of an interlocutory appeal is “strictly set at twenty days” and a motion for new trial does not extend that time period.

The appellant then filed a motion to dismiss his appeal which the appeals court granted. The court also denied a motion for damages filed by the appellee.


Conclusion and Disposition

In summary, the Texas Anti-Slapp statute provides for an interlocutory appeal if the trial court denies the motion. An interlocutory appeal must be filed within twenty days.

There is no provision for an interlocutory appeal if the trial court grants the motion to dismiss under the Texas Anti-Slapp statute but the non-movant may be able to file a permissive interlocutory appeal under Tex. R. App. P 28.3. See case note here.


Subscribe below to our blog for the latest and greatest cases on the Texas Anti-Slapp or TCPA statute.

Rate This Post

Rate this post below by clicking on one to five stars!

Share on Social Media

Click on one of the social media icons below to share this post.

Want new articles before they get published?
Subscribe to our Awesome Newsletter.

You May Also Like…


Submit a Comment

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Pin It on Pinterest