Sheryl Johnson-Todd v. John S. Morgan
480 S.W.3d 605
Tex. App.2015Background
- Morgan, an attorney, sued Johnson-Todd, his ex-wife’s attorney, seeking damages and injunctions after she disclosed that Morgan faced a false-report charge; he sought dismissal under the TCPA.
- Two nondisclosure orders from County Court at Law No. Three restricted disclosure of Morgan’s criminal case information, including a August 2014 order and a December 2014 supplemental order broadening restrictions to Johnson-Todd.
- Morgan filed suit in County Court at Law No. One in December 2014; a temporary injunction barred Johnson-Todd from filing or disseminating Morgan’s case materials; that injunction was later held void on appeal.
- Johnson-Todd moved to dismiss Morgan’s claims under the TCPA; the trial court did not rule within 30 days, so the motion was overruled by operation of law, allowing interlocutory appeal.
- The court held that all Morgan claims are barred by the TCPA’s absolute judicial communications privilege, reversing and remanding for dismissal with damages and costs under §27.009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TCPA applies to Morgan’s claims | Morgan argues TCPA does not cover attorney conduct | Johnson-Todd contends all claims arise from petitioning the court | Yes; TCPA applies to all claims. |
| Whether the judicial communications privilege bars Morgan’s tort claims | Morgan asserts privilege does not bar claims | Johnson-Todd relies on absolute privilege for judicial communications | Yes; privilege bars all tort claims. |
| Whether equitable/injunctive relief claims fall under the TCPA | Morgan contends equitable relief not protected | TCPA covers actions seeking equitable relief if based on petition rights | Yes; equitable claims dismissed under TCPA. |
Key Cases Cited
- In re Lipsky, 460 S.W.3d 579 (Tex. 2015) (TCPA burden-shifting and prima facie case framework treated; privilege applies to multiple torts)
- James v. Brown, 637 S.W.2d 914 (Tex. 1982) (judicial communications privilege extends to all aspects of proceedings)
- Rose v. First Am. Title Ins. Co. of Tex., 907 S.W.2d 639 (Tex. App.—Corpus Christi 1995) (absolute privilege for judicial communications bars related claims)
- Gaither v. Davis, 582 S.W.2d 913 (Tex. Civ. App.—Fort Worth 1979) (privilege applied to torts in judicial proceedings)
- Blackwell v. Davis, 874 S.W.2d 950 (Tex. App.—Beaumont 1994) (summary judgment sustained via judicial communications privilege)