Jan Mogged, James Richard Fletcher and Michael Alan Taylor v. Bobby Wayne Lindamood Jr. and Jr.'s Demolition & Excavation, Inc.

Summary

The Texas Court of Appeals for the Second Appellate District affirmed in part and reversed in part the trial court’s judgment in a dispute involving defamation claims and a motion to dismiss. The court remanded Bobby Wayne Lindamood’s defamation claim against Michael Alan Taylor for further proceedings and remanded issues concerning attorneys’ fees, sanctions, and court costs awardable to Jan Mogged and James Richard Fletcher. The parties were ordered to bear their own appellate costs.

Holdings

1. The trial court's order on the motion to dismiss was reversed as to Lindamood's defamation claim against Taylor, and that claim was remanded for further proceedings.
2. The remainder of the trial court's order on the motion to dismiss was affirmed.
3. The trial court's order on attorneys' fees, costs, expenses, and sanctions was reversed, and the issue of attorneys' fees, sanctions, and court costs awardable to Mogged and Fletcher was remanded.

Questions Presented

1. Whether the trial court's dismissal of Bobby Wayne Lindamood Jr.'s defamation claim against Michael Alan Taylor should be affirmed.
2. Whether the trial court's order concerning attorneys' fees, sanctions, and court costs awardable to Jan Mogged and James Richard Fletcher should be affirmed.

Disposition

reversed_and_remanded