This appeal involves a dispute between the Better Business Bureau of Metropolitan Houston, Inc. and John Moore Inc. over a business quality rating and the right to display past awards. The trial court denied the appellant's motion to dismiss this suit pursuant to the Texas Citizen's Participation Act. Section 27.008 permits an interlocutory appeal from the trial court's written order denying a motion to dismiss under the TCPA. The statute is not limited only to protect speech directed toward the government. The Houston Better Business Bureau satisfied its burden under the TCPA to show that John Moore's claims against it are based on, relate to, or are in response to, the exercise of their free speech rights, and the John Moore failed to establish a prima facie case. The trial court's denial is reversed and remanded.
The Better Business Bureau of Metropolitan Houston, Inc. v. John Moore Services, Inc.
Tex. App. Dist. 1
July 30, 2013