Barbara Soules Young and Amy Ganci v. Robert and Hollie Krantz, 434 S.W.3d 335

Young hired an architect in 2010 to design an outdoor living space for her home.
In June 2011 Young and Perennial entered into the Contract Home Deck Addition for Perennial to perform the work.
Young alleges Perennial failed to comply with plans, left materials on properties, used poor quality materials, failed to obtain proper permits, and abandoned the job.
McKinney Lumber Company (MLC) filed a mechanic’s lien and later an underlying lawsuit against Perennial and Young; Young’s attorney Ganci represented Young in that suit.
On January 30, 2013 Young and Ganci posted an Angie’s List review criticizing Perennial and appellees; appellees filed a petition in intervention asserting defamation and intentional infliction of emotional distress; the TCPA motion to dismiss was filed March 22, 2013 and denied April 22, 2013

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the TCPA applies to the Angie’s List Review	Young contends the Review is protected free speech under the TCPA	Krantz/Perennial contend the Review is defamatory and not protected	TCPA applied; review within right to free speech and public concern
Whether appellees proved a prima facie case for defamation and IIED after TCPA dismissal	Appellees must show each element with clear and specific evidence	Once TCPA applies, appellees must prove defamation/IIED elements with clear, specific evidence	Appellees failed to provide clear and specific evidence for essential elements; IIED also failed; dismissal affirmed on remand

Better Business Bureau of Metropolitan Dallas v. BH DFW, Inc., 402 S.W.3d 299 (Tex. App.—Dallas 2013) (courts considering TCPA burden shift apply a prima facie standard with heightened evidence)
Molinet v. Kimbrell, 356 S.W.3d 407 (Tex. 2011) (statutory construction; purpose of TCPA)
Avila v. Larrea, 394 S.W.3d 646 (Tex. App.—Dallas 2012) (defamation per se analysis under TCPA context)
Newspaper Holdings, Inc. v. Crazy Hotel Assisted Living Ltd., 416 S.W.3d 71 (Tex. App.—Houston [1st Dist.] 2013) (defamation standard under TCPA burden shift)
Hancock v. Variyam, 400 S.W.3d 59 (Tex. 2013) (defamation fault standard for private figure)
Gumpert v. ABP Freight Sys., Inc., 293 S.W.3d 256 (Tex. App.—Dallas 2009) (defamatory meaning and factual vs opinion assessment)
Yiamouyjannis v. Thompson, 764 S.W.2d 338 (Tex. App.—San Antonio 1988) (distinguishing fact from opinion)
Moser v. Roberts, 185 S.W.3d 912 (Tex. App.—Corpus Christi 2006) (IIED applicability when other tort basis exists)