Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of July 31, 2023.

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.

NexPoint Advisors, L.P., v. United Development Funding IV, No. 02-22-00427-CV (Aug. 3, 2023) (Wallach, J., joined by Sudderth, C.J., and Womack, J.).

Held: The Texas Citizens Participation Act’s commercial speech exemption applies to the communications by Appellee United Development Funding IV on which Appellant NexPoint Advisors, L.P.’s suit is based. UDF IV made the statements in question in its capacity as a seller of its financial services, the statements arose out of a commercial transaction involving the kinds of services that UDF IV provides, and the statements’ intended audience was UDF IV’s actual or potential customers for the kinds of services it provides. Accordingly, the TCPA does not apply to NexPoint Advisors’ claims against UDF IV.