Jennings v. Wallbuilder Presentations, Inc. ex rel. Barton
378 S.W.3d 519
| Tex. App. | 2012Background
- WallBuilder Presentations, Inc., Wallbuilders, L.L.C., and David Barton sued two former Texas State Board of Education candidates for libel, defamation, and business disparagement over a 2010 campaign video.
- Jennings and Bell-Metereau timely filed a motion to dismiss under TCPA § 27.003, with a hearing held on the motion.
- The trial court signed a denial order within 30 days after the hearing, as required by § 27.005.
- Appellants perfected an interlocutory appeal challenging the order denying the TCPA motion to dismiss.
- Appellees contend TCPA § 27.008 does not authorize an interlocutory appeal from a timely-signed denial of a timely-filed TCPA motion.
- The court concludes it lacks jurisdiction to hear the interlocutory appeal and dismisses the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 27.008 authorizes an interlocutory appeal when the trial court timely denies a TCPA motion | Appellees argue § 27.008(a) authorizes appeal only if no timely ruling; timely denial does not qualify | Appellants contend the language of § 27.008(b) creates a right to expedited appeal of any timely denial | No interlocutory jurisdiction; § 27.008 does not create a right to appeal a timely-signed denial |
| Whether § 27.008(b) creates an express right to an interlocutory appeal from a timely denial | Appellees claim § 27.008(b) does not create such a right and requires expedited review only when dismissal is timely appealed or failure to rule timed | Appellants argue § 27.008(b) implies a broad right to appeal the timely denial | No express right; statutory text requires timely failure to rule or failure to rule on time, not timely denial after hearing |
Key Cases Cited
- CMH Homes v. Perez, 340 S.W.3d 444 (Tex. 2011) (strict construction of interlocutory-appeal statutes)
- Tex. Lottery Comm’n v. First State Bank of DeQueen, 325 S.W.3d 628 (Tex. 2010) (textual approach to statutory interpretation)
- Stary v. DeBord, 967 S.W.2d 352 (Tex. 1998) (limit on appellate jurisdiction over interlocutory orders)
- N.Y. Underwriters Ins. Co. v. Sanchez, 799 S.W.2d 677 (Tex. 1990) (interlocutory-jurisdiction principles; fundamental error if exceeded)
- Bread Political Action Comm. v. Fed. Election Comm’n, 455 U.S. 577 (U.S. 1982) (close construction of jurisdictional statutes)