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

Background

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.