Mark Thuesen v. David Robert Scott

Summary

The Ninth Court of Appeals of Texas affirmed the denial of Mark Thuesen’s motion to dismiss under the Texas Citizens’ Participation Act. The court held that a motion for sanctions under Texas Rule of Civil Procedure 13 and Texas Civil Practice and Remedies Code chapter 10 is not a “legal action” under the TCPA. Because the sanctions motion did not fall within the TCPA, the court did not address Thuesen’s remaining issues.

Holdings

1. The appeal was not moot because a TCPA motion to dismiss survives the opposing party's abandonment or dismissal of the challenged motion and may still support dismissal with prejudice, recovery of costs and attorney's fees, and sanctions.
2. A motion for sanctions under Texas Rule of Civil Procedure 13 or Texas Civil Practice and Remedies Code chapter 10 is not a 'legal action' under the TCPA.
3. The court did not reach the issues concerning timeliness, protected activity, prima facie evidence, or affirmative defenses because the sanctions motion was not a TCPA legal action.

Questions Presented

1. Whether the appeal was moot after Scott omitted or abandoned his motion for sanctions.
2. Whether a motion for sanctions under Texas Rule of Civil Procedure 13 or Texas Civil Practice and Remedies Code chapter 10 is a 'legal action' subject to dismissal under the TCPA.
3. Whether the remaining TCPA issues concerning timeliness, protected activity, prima facie evidence, and affirmative defenses required consideration.

Disposition

affirmed