Jonathan Wheeler and Brooke Wheeler v. J. M. Martin Custom Homes, Inc. and Justin Martin, Individually and D/B/A J. M. Martin Custom Homes

Summary

This document is a dissenting opinion in an interlocutory appeal concerning the denial of a motion to dismiss under the Texas Citizens Participation Act. The dissent argues that Texas Civil Practice and Remedies Code section 27.010(b)(2) does not apply to private criticisms communicated by homeowners to a contractor's vendors and subcontractors, and that the majority's interpretation improperly expands the TCPA. It relies on statutory text, surrounding context, the statutory framework, and legislative history concerning the 2019 TCPA amendments.

Holdings

1. The dissent would hold that the Wheelers' private criticisms of Martin's business were not business reviews or consumer opinions within the meaning of section 27.010(b)(2), and therefore were not acts of a party described by section 27.010(b).
2. The dissent would hold that the Wheelers' alleged private communications to Martin's vendors and subcontractors did not, as a matter of law, concern a matter of public concern and did not implicate the TCPA rights of free speech or association.

Questions Presented

1. Whether Martin's business-disparagement claim was subject to dismissal under Texas Civil Practice and Remedies Code section 27.010(b)(2), concerning the communication, gathering, receiving, posting, or processing of consumer opinions or commentary, evaluations of consumer complaints, or reviews or ratings of businesses.
2. Whether the Wheelers' private communications to Martin's vendors and subcontractors implicated the TCPA's rights of free speech or association.
3. Whether the trial court properly denied the Wheelers' TCPA motion to dismiss.

Disposition

affirmed