Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of November 12, 2018.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Smith v. Crestview NuV, LLC, No. 02-18-00220-CV (Nov. 29, 2018) (Gabriel, J., joined by Sudderth, C.J., and Meier, J.).

Held:  Because Appellant failed to show by a preponderance of the evidence that Appellee’s pleaded claim for violations of the Texas Securities Act involved a communication as that term is defined in the Texas Citizens’ Participation Act (the TCPA), the TCPA’s procedural scheme was inapplicable.  Thus, the trial court did not err by denying Appellant’s motion to dismiss the claim under the TCPA.