Virgilio Avila & Univision Television Group, Inc. v. F.B. Larrea, 394 S.W.3d 646

Larrea, a Dallas attorney, sued F.B. Larrea and Univision for defamation arising from two TV broadcasts about him; broadcasts were alleged to contain false statements about his conduct and to imply professional misconduct.
Avila, an Avila family member, reported the broadcasts for Univision; the broadcasts allegedly recorded and posted online, with some statements attributed to unnamed city officials.
The TCPA case was brought in Texas state court; appellants moved to dismiss under the Texas Citizens Participation Act (TCPA), asserting the action targeted their exercise of free speech/participation in public matters.
Trial court granted temporary relief and set restrictive discovery; it later denied the motion to dismiss and allowed limited discovery, then ordered continued discovery and a later hearing date.
Appellants timely appealed; the Court of Appeals held TCPA applicable and reversed, remanding for damages/costs under TCPA § 27.009(a).
This Court reverses the trial court’s order, finds TCPA applicable, and remands for damages and costs under § 27.009(a).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly ruled on the TCPA motion to dismiss	Larrea argues the TCPA applies and the motion should have been granted	Appellants contend the court should determine whether the action targets protected conduct and that the motion was timely	Yes; the trial court erred by not ruling within 30 days and the TCPA applies
Whether the broadcasts supported a defamation claim under TCPA	Larrea asserts the broadcasts convey false statements of fact harming reputation	Appellants argue statements were either true or non-actionable under TCPA	Not necessary to decide; court focuses on TCPA applicability and dismissal
Whether the appellate court has jurisdiction to review the trial court order	Larrea maintains lack of timely denial of the motion forestalls appeal	Appellants rely on TCPA provisions granting expedited review	Appellate court has jurisdiction; TCPA applies

Turner v. Turner, 38 S.W.3d 103 (Tex. 2000) (contextual rule on factual omissions and public concern in defamation)
Main v. Rovall, 348 S.W.3d 381 (Tex. App.—Dallas 2011) (courts consider publication as a whole in light of surrounding circumstances)
Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002) (definitional standard for defamatory publication and actual malice vs. negligence)
Palestine Herald-Press Co. v. Zimmerman, 257 S.W.3d 504 (Tex. App.—Tyler 2008) (standard for actionability of statements under statutory test)
McIlvain v. Wilson, 794 S.W.2d 16 (Tex. 1990) (necessity of proving falsity and false impressions in defamation)