Attorney’s Right to Petition
When an attorney represents a client in court, is the attorney’s right to petition involved or the client’s right to petition? That was the issue involved in a case ruled on by the Houston Court of Appeals [14th], 14-20-00691-CV.
Facts
Attorneys, Hoover Slovacek, represented a client, Jetall. The representation ended. A few
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Probate, Anti-Slapp and Attorneys Being Sued
Facts
Two attorneys, the Bakers, prepared a will for a woman, Lucia. When Lucia died, the Bakers filed the will for probate as a muniment of title. The will left everything to a daughter who was the client of the Bakers. The testator’s son and grandson, the Morenos, filed suit against the Bakers alleging fraud.
Texas Anti-Slapp appeals – 20 days
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
Lis Pendens and Texas Anti-Slapp
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
A remand after finding the Texas Anti-SLAPP, TCPA law applies
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
Change of direction
The Texas Anti-Slapp statute (TCPA)- what is it?
New Direction
I am changing this blog to focus on the average attorney handling average cases that might occasionally file or encounter a Texas anti-slap motion.
Background
My original intent on this site was to post information about most of the Texas anti-slap cases that were being
Can you appeal an oral order denying an anti-SLAPP motion to dismiss?
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
Nonsuits and the Texas Anti-SLAPP, TCPA law – not Always?
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
A Motion for Sanctions is not a “Legal Action” under the Texas Anti-SLAPP, TCPA LAW
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
Under the Texas Anti-SLAPP Law, Attorney Immunity Doesn’t Apply to Suits by Clients
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