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Click here for the full text of this decision FACTS:Appellant sued appellees for defamation after Steve Blow wrote a column published by The Dallas Morning News about a family’s experience after discovering the family’s lost dog at an adoption event sponsored by appellant. Appellees filed a motion for summary judgment claiming they were entitled to judgment as a matter of law on appellant’s defamation claim because: 1. the column was not defamatory; 2. the column was an opinion protected by the Texas and United States Constitutions; 3. the column was fair comment and criticism protected by Texas statute; 4. the column was true or substantially true; and 5. appellant was a public figure and appellees had negated actual malice. After appellant amended its petition adding claims for statutory libel, business disparagement, and tortious interference with prospective commercial relationships, appellees filed a supplemental motion for summary judgment claiming they were entitled to judgment as a matter of law on appellant’s additional claims because the column was true, was privileged and was published without malice. Appellees also asserted, “in the event the trial court denied summary judgment on the elements of falsity, malice and privilege,” that there was no evidence of the elements of appellant’s tortious interference claim and the special damage element of the business disparagement claim. Appellant responded to appellees’ motions, claiming: 1. material statements in the column were false; 2. Blow was malicious; 3. the column was not protected opinion because many statements in it were expressed as facts; 4. appellant is not a public figure; and 5. its summary judgment evidence was sufficient to create fact issues regarding malice, each element of the business disparagement claim, and special damages. After considering the motions, the summary judgment evidence, the objections to summary judgment evidence, and the argument of counsel, the trial court sustained appellees’ objections to appellant’s summary judgment evidence, denied appellant’s objections to appellees’ summary judgment evidence, and granted appellees’ motions. The trial court did not specify a basis for its ruling on the motions for summary judgment. This appeal followed. HOLDING:Affirmed. Appellant does not contend, either in its response to summary judgment, in its brief, or in its reply brief, that the column was not fair comment and criticism protected by �73.002(b)(2) of the Texas Civil Practices and Remedies Code. Appellant was entitled to present argument on all grounds upon which it contends summary judgment was improper. Appellant’s failure to take advantage of the opportunity to present argument on this ground results in waiver. Because summary judgment may have been granted, properly or improperly, on a ground not challenged by appellant, the court affirms the summary judgment with respect to appellant’s defamation claim. Further, appellees contended, in their supplemental motion for summary judgment, that they were entitled to judgment on appellant’s business disparagement and tortious interference with prospective commercial relationships because the column was true, was privileged, and was published without malice. The fair comment or criticism privilege precludes recovery on these claims because it operates to negate an element of each of the claims. OPINION:Wright, J.; Whittington, Wright and Mazzant, JJ.

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