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
Continue Reading Texas Anti-Slapp appeals – 20 days
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.
Continue Reading Lis Pendens and Texas Anti-Slapp
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.
Continue Reading A remand after finding the Texas Anti-SLAPP, TCPA law applies
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
Continue Reading Can you appeal an oral order denying an anti-SLAPP motion to dismiss?
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
Continue Reading Nonsuits and the Texas Anti-SLAPP, TCPA law – not Always?
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),
Continue Reading A Motion for Sanctions is not a “Legal Action” under the Texas Anti-SLAPP, TCPA LAW
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
Continue Reading Under the Texas Anti-SLAPP Law, Attorney Immunity Doesn’t Apply to Suits by Clients
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
Continue Reading Attorney Immunity Under the Texas Anti-SLAPP, TCPA Law
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
Continue Reading Rule 91a Motions and Motions to Transfer are not Legal Actions under the TCPA
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
Continue Reading Suit to Remove Trustee as a Texas Anti-SLAPP, TCPA Claim
