William Fitzmaurice, Dorothy Fitzmaurice, Gregory Brumbaugh and Karen McClure v. Harvella Jones
417 S.W.3d 627
| Tex. App. | 2013Background
- This is an anti-SLAPP appeal under Texas Civil Practice and Remedies Code Chapter 27 arising from libel and business disparagement claims linked to a recall petition against a homeowners association board.
- Jones alleged the Remington Forest homeowners association made defamatory statements in its declaratory-judgment petition and related communications.
- Appellants (Jones’s opponents) moved to dismiss under §27.005(c), arguing statements were absolutely privileged and no prima facie case was shown.
- Jones responded and sought sanctions; later amendments added additional defendants but did not alter the core factual allegations.
- The trial court denied the anti-SLAPP motion, and Appellants appealed; the Court of Appeals consolidated the appeals and ultimately reversed and remanded.
- The court held that the statements at issue were made in pleadings related to a judicial proceeding and thus privileged, warranting dismissal and fee-shifting under §27.009(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the statements are absolutely privileged under the anti-SLAPP framework | Jones | Appellants | Yes; privilege bars liability as statements were in pleadings related to litigation |
| Whether Jones met §27.005(c)’s clear and specific-evidence standard for libel and business disparagement | Jones | Appellants | No; Jones failed to marshal clear, specific evidence for each essential element |
| Whether the trial court should award fees and costs under §27.009(a) after dismissal | Jones | Appellants | Yes; Court awards moving party reasonable fees/costs on dismissal |
| Whether Facebook postings evidence suffices to meet §27.005(c) burden | Jones | Appellants | No; no evidence of Facebook statements supported by record |
| Whether the court should remand for entry of a dismissal with fees | Jones | Appellants | Yes; remand to grant dismissal and award fees/costs |
Key Cases Cited
- Rehak Creative Servs. Inc. v. Witt, 404 S.W.3d 716 (Tex. App.—Houston [14th Dist.] 2013) (ant.)
- James v. Brown, 637 S.W.2d 914 (Tex. 1982) (absolute judicial privilege for statements in a proceeding)
- Kastner v. Kroger Co., 2012 WL 4757920 (Tex. App.—Houston [14th Dist.] 2012) (WL; exclude WL from key cases; cited for privilege context)
- Daystar Residential, Inc. v. Collmer, 176 S.W.3d 24 (Tex. App.—Houston [1st Dist.] 2004) (judicial relationship test for privilege)
- WFAA-TV v. McLemore, 978 S.W.2d 568 (Tex. 1998) (defamation elements and burden guidance)
- Arkwright Mut. Ins. Co. v. Ross, 892 S.W.2d 119 (Tex. App.—Houston [14th Dist.] 1994) (privilege extends to pleadings and related filings)