Application of Texas Anti-Slapp to Tex. R. Civ. P. 202 Petition Called into Question.

In Cares  v. Fortier, NO. 01-18-00071-CV, 2019 WL 2041325 (Houston COA May 2019) the Houston COA [1st District] held that the Texas Anti-Slapp does not apply to a Tex. R. Civ. P. 202 Petition.  This is the first opinion I am aware of that has reached this decision, and stands in opposition to the Fort Worth COA.  See DeAngelis v. Protective Parents Coal., 556 S.W.3d 836, 849 (Tex. App.—Fort Worth 2018, no pet.).  Neither the Dallas COA nor Texas Supreme Court have addressed the issue. Readers may recall the Texas Supreme Court passed on an opportunity to settle the issue in Glassdoor, Inc., Doe 1, and Doe 2 v. Andra Group, LP, Ca. No. 17-0463. 

https://www.antislapptexas.com/blog/2019/1/26/texas-supreme-court-passes-on-answering-whether

 My suspicion is the Texas Supreme Court will never weigh in on the issue..

Whether a Texas Anti-Slapp Motion can apply to Tex. R. Civ. P. 202 will thus depend on the jurisdiction in which a party elects to file.

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