The Houston COA Gets on the Board with its First Texas Anti-Slapp Opinion of 2019 - Reminding Everyone to Pay Attention to the Interlocutory Appeal Rules

In Humberto Leniek v. Evolution Well Services, LLC, NO. 14-18-00954-CV, 2019 WL 438825 (Houston COA 2019), the Houston COA dismissed an appeal where the trial court granted the Texas Anti-Slapp motion but had not ruled on the attorneys’ fees request when the non-movant appealed.  The Houston COA held that the lack of a ruling on the attorneys’ fees request meant there was not a final judgment subject to appeal.  This ruling is consistent with other COAs that take a narrow view of interlocutory appellate rights under Tex. Civ. Prac. & Rem. Code §51.014(a)(12) (interlocutory appeal only for denial of Texas Anti-Slapp Motion).

 To ensure you do not further delay appellate review, practitioners need to make sure they fully understand the appellate rule interplay with the Texas Anti-Slapp.

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