A reader emailed me to point out I missed Vodicka v. A.H. Belo Corporation, No. 05-17-00728-CV (Dallas COA 2018), where the Dallas COA upheld the trial court’s dismissal of a defamation claim under the Texas Anti-Slapp. Updated data points and chart below.
The Dallas COA issued nineteen (19) opinions involving Texas Anti-Slapp, one of which was withdrawn and superseded. Demonstrating the complexity of the statute, the TC’s results were a mixed bag, with TC’s being upheld slightly more than they were reversed. Two of the opinions were the result of reversals by the TSC, remanding the issue back to the Dallas COA for further determination.
· In seven (7) opinions the trial court’s (“TC”) decision was completely upheld.
· In four (4) opinions the TC was completely reversed.
· Six (6) other opinions were either split (upheld in part, reversed in part), did not reach the main issue of whether the Texas Anti-Slapp should have been granted, or were not addressing the merits of a grant or denial of the motion.
· Six (6) opinions dealt with the grant of a Texas Anti-Slapp dismissal (3 upheld, 2 reversed, and 1 split decision).
· Six (6) opinions dealt with the denial of a Texas Anti-Slapp dismissal (2 upheld, 2 reversed, and 2 split decisions).
· Three (3) opinions dealt with attorneys’ fee issues.
· Two (2) opinions were on remand from the TSC.
· One (1) dealt with the breadth of discovery.