Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of October 15, 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.

Beving v. Beadles, No. 02-17-00223-CV (Oct. 18, 2018) (Pittman, J., joined by Birdwell, J.) (Gabriel, J., concurs without opinion).

Held: The trial court did not err in denying third-party defendant’s Texas Citizens Participation Act (TCPA) motion to dismiss because although the third-party defendant in providing affidavit and deposition testimony during a lawsuit had exercised her “right to petition” as defined by the TCPA, she had failed to set forth a preponderance of evidence to demonstrate that the third-party claims against her were “based on, relate to,” or “in response to” exercising her right to petition.  Accordingly, we affirm the trial court’s order and remand the case for further consistent proceedings.