Robert Ray

Website: https://www.texasantislapp.com
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Texas anti-SLAPP

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Robert Ray

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  Notice 20 days Appeals from both the denial and granting of a Texas Anti-Slapp motion to dismiss require that the notice be filed within twenty days. 02-20-00290-CV. Under TCPA Section 27.008(b), “[a]n appellate court shall expedite an appeal or other writ, whether interlocutory or not, from a trial court order on a motion to dismiss a legal action under Section 27.003 or from a trial court’s failure to rule on that motion in the time prescribed…
Lis Pendens and Texas Anti-Slapp The Amarillo court of appeals dealt with the issue of whether the Texas Citizens Participation Act, Texas Anti-Slapp, applies in the context of a Lis Pendens. Smith v. Arrington, 07-19-00393-CV, (Tex. Civ. App. – Amarillo, Feb. 9, 2021 no pet. h.) (mem. op.). Background A brother and sister were fighting over inheritance issues involving their parent’s estates. The brother received most of the estates and was the managing member and general…
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Background After finding that the Texas Anti-SLAPP law applied, the appeals court remanded the case to the trial court so the non-movant could put on evidence showing whether it could produce clear and specific evidence of each of its claims. Reeves v. Harbor America Central, Inc., 14-18-00594-CV (Tex. App. – Houston [14th] April 28, 2020, no pet. h.) Facts Motion to dismiss under the Texas Anti-SLAPP law This case was a standard non…
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Background 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. The court ruled that because an interlocutory appeal can only be taken from a written order denying a motion to dismiss, there was no order from which to file an interlocutory appeal. Casillas v. M&S Concrete, 01-19-00145-CV (Tex. App. – Houston…
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Background Nonsuits and the Texas Anti-SLAPP, TCPA LAW The general rule is that if a party nonsuits all or part of their claims after a motion to dismiss under the Texas Anti-SLAPP, TCPA law has been filed against them, the nonsuit will not affect the motion to dismiss and the moving party’s right to attorney’s fees, cost and sanctions. In Hunton v. Blaschke, 14-18-01017-CV (Tex. Civ. App – Houston [14th] April 9, 2020, no…
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Background Barnes v. Kinser, 05-19-00481-CV  (Tex. App. – Dallas April 7, 2020, no pet. h.) was a divorce gone bad. After the divorce, wife sued her attorneys for legal malpractice in: 1. negotiation of a marital property agreement (MPA), and 2. representation in the divorce. Facts The attorneys, Kinser & Bates, LLP, moved for arbitration under a written arbitration agreement. The trial court sent the representation claim to arbitration but not the negotiation claim.…
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Background In K&L Gates, LLP v. Quantum Materials Corp, 13-19-00138-CV (Tex. App. – Austin 2020, no pet. h.) (mem. op.) the court had to decide if the attorney immunity doctrine applied to a suit by clients against a law firm. Facts Quantum Materials sued K&L Gates, their former lawyers. K&L filed a motion to dismiss under the Texas Anti-SLAPP, TCPA law. K&L Gates represented Quantum Materials. It is undisputed that K&L Gates represented Quantum…
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Background In Moore vs. Anson Financial, Inc. 02-19-00201-CV, (Tex. App. – Fort Worth 2020, no pet.) (mem. op.), Anson Financial, Inc. was involved in a lawsuit against a former employee/attorney, Ghrist. Moore was Ghrist’s attorney. Anson filed suit against Moore alleging a civil conspiracy to help Ghrist breach his fiduciary duty as Anson’s former attorney. Anson alleged that through the conspiracy, Moore was helping Ghrist harm Anson in multiple ways. Moore filed a motion…
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Background The appeals court ruled that the Texas Anti-SLAPP, TCPA, statute did not apply to a motion to transfer and a motion to dismiss under Rule 91a because they are not legal actions as defined in the statute. In the Guardianship of James E. Fairley, 04-19-00196-CV (Tex. App. – San Antonio 2020, no pet. h). Facts In this case, a daughter of Fairley, filed a wrongful death suit against her sister and Fairley’s widow…
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The Texas Anti-Slapp statute (TCPA)- what is it? Background In Ramirez v. Rodriguez, 04-19-00618-CV (Tex. App. -San Antonio, Feb. 19, 2020 no pet. h) (mem. op.), three co-trustees of a Trust sued to remove Santiago, a fourth co-trustee. Santiago moved to dismiss the lawsuit under the Texas Citizens Participation Act (the Act), asserting the lawsuit was based on, related to, or was in response to the exercise of his right to free speech and…