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OPINION

Gilbert Franco posted a review of legal services provided by Guillermo Ochoa-Cronfel on the website www.RipoffReport.com (“Ripoff Report”). Ochoa-Cronfel sued Franco for defamation. See Tex. Civ. Prac. & Rem. Code Ann. § 73.001 (West 2005). Franco filed several motions for summary judgment. The trial court granted Franco’s partial motion asserting that Ochoa-Cronfel was a public official as a matter of law and denied Franco’s no-evidence and traditional motions asserting that Ochoa-Cronfel had failed to raise a fact issue on the element of actual malice. Franco now appeals the trial court’s denial of his no-evidence and traditional motions, arguing in two issues on appeal that (1) Ochoa-Cronfel did not raise a fact issue with regard to the element of actual malice and (2) the trial court should not have considered Ochoa-Cronfel’s affidavit. On cross-appeal, Ochoa-Cronfel challenges the granting of Franco’s partial motion, arguing that the trial court erred in its determination that Ochoa-Cronfel qualified as a public official. We affirm the trial court’s order denying Franco’s no-evidence and traditional motions for summary judgment and dismiss Ochoa-Cronfel’s cross-appeal for want of jurisdiction.

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