While the Dallas COA is currently taking a wrecking ball to Texas Anti-Slapp Motions, the Houston COA is getting in on the action, affirming the denial of three Texas Anti-Slapp motions (all on May 30, 2019).
Most notable is Hughes v. Giammannco, which does an in-depth analysis of what the TCPA does not apply to Rule 202 Petitions. See No. 01-18-00771-CV, 2019 WL 2292990 (Houston COA May 30, 2019). This puts the 1st District squarely in conflict with the Austin and Fort Worth COAs.
I wrote about the Houston COA coming out against the TCPA covering 202 Petitions a few weeks ago.
Hughes does a deep dive into the statutory language and explains why the COA thinks 202s do not trigger the TCPA. Worth a read if you are facing a 202 Anti-Slapp.
North Cypress Medical Center Operating Co. GP, LLC v. Norvil, followed the Tyler COA in determining that hospital lien disputes are exempted from the Texas Anti-Slapp under the commercial speech exemption. See NO. 01-18-00582-CV, 2019 WL 2292630 (Houston COA May 30, 2019).
In re. Estate of Mary Olive Hull Calkins, determined that filing a Texas Anti-Slapp Motion against a Motion to Compel is not covered by the TCPA. See 2019 WL 2292985, NO. 01-18-00160-CV (Houston COA May 30, 2019).
Now I’m headed to Houston to watch my favorite 13AA baseball team.
Geaux Texas Knights!
