Sean McNamara v. Edward A. Bartolomei and Edward A. Bartolomei, PLLC

Summary

The Texas Fourth Court of Appeals affirmed summary judgment in favor of Edward A. Bartolomei and Edward A. Bartolomei, PLLC, in Sean McNamara’s defamation per se action. The court held that McNamara failed to challenge the judicial-proceedings privilege, an independent ground supporting summary judgment. The court further held that statements made in the course of a judicial proceeding are privileged against defamation claims regardless of negligence or malice.

Holdings

1. When a summary-judgment order does not specify the ground on which it was rendered and multiple grounds support the motion, the appellant must negate all grounds on appeal. Because McNamara challenged attorney immunity but did not challenge the judicial-proceedings privilege, the judgment had to be affirmed on the unchallenged privilege ground.
2. Communications made in the due course of a judicial proceeding cannot serve as the basis for a civil action for libel or slander, regardless of the negligence or malice with which they are made. The privilege therefore barred McNamara's defamation claim and supported summary judgment for Bartolomei.

Questions Presented

1. Whether the summary judgment had to be affirmed because McNamara failed to challenge every independent ground supporting the judgment.
2. Whether the judicial-proceedings privilege barred McNamara's defamation claim based on a statement made in an affidavit submitted as part of a court-ordered response in a habeas corpus proceeding, regardless of alleged negligence or malice.

Disposition

affirmed