Janelle Alexis Flatt v. Ryann Tornow

Summary

The Texas Court of Appeals for the First District affirmed the denial by operation of law of Janelle Alexis Flatt’s motion to dismiss under the Texas Citizens Participation Act. The court held that Ryann Tornow’s claims for public disclosure of private facts, intrusion on seclusion, and unlawful disclosure of intimate visual material were not based on or in response to Flatt’s exercise of the rights to petition or free speech protected by the TCPA. Because the TCPA did not apply at the first step, the court did not reach the issues concerning Tornow’s prima facie case or Flatt’s entitlement to judgment as a matter of law.

Holdings

1. Flatt did not meet her burden to demonstrate that Tornow's claims were based on or in response to Flatt's exercise of the right to petition merely because Tornow filed suit after Flatt issued subpoenas in the divorce proceeding.
2. Flatt did not meet her burden to show that the alleged disclosure of Tornow's nude photographs or the social-media message was a communication made in connection with a matter of public concern protected by the TCPA.
3. The court did not need to reach Flatt's arguments that Tornow failed to establish a prima facie case or that Flatt conclusively negated an essential element of Tornow's claims because Flatt failed at the threshold step of showing that the TCPA applied.

Questions Presented

1. Whether Tornow's claims were based on or in response to Flatt's exercise of the right to petition under the TCPA.
2. Whether Tornow's claims were based on or in response to Flatt's exercise of the right of free speech under the TCPA.
3. Whether the court needed to reach Flatt's arguments that Tornow failed to establish a prima facie case or that Flatt conclusively negated an essential element of each claim.

Disposition

affirmed