The plaintiff in a defamation and breach-of-contract suit contends that the trial court erred in granting the defendants' motion to dismiss under the Citizens Participation Act six weeks after the motion was overruled by operation of law. The plain text of the Citizens Participation Act provides a limited authorization for a party to seek, and a trial court to grant, dismissal of a legal action that was brought in response to the party's exercise of the right of free speech. Because a trial court is not authorized to grant a motion to dismiss under the act more than 30 days after the hearing on the motion, the trial court erred in signing such an order here. The trial court's order is reversed and remanded.
Direct Commercial Funding, Inc. v. Beacon Hill Estates, LLC
Tex. App. Dist. 14
July 23, 2013