Stephen Patrick Black v. Charles P. Woodrick

Summary

The Texas Court of Appeals for the Seventh District reversed the dismissal of Stephen Patrick Black’s defamation suit against Charles P. Woodrick. The court held that the motion to dismiss under the Texas Citizens Participation Act was denied by operation of law because the trial court ruled after the statutory deadline, and that Texas Rule of Civil Procedure 91a could not provide an alternative basis because its ruling deadline had also passed.

Holdings

1. Because the trial court did not rule on the TCPA motion within the statutory deadline, the motion was denied by operation of law, and the January 16, 2020 dismissal order could not be sustained under the TCPA.
2. Rule 91a could not provide a basis for the dismissal because the trial court did not hold the hearing until after the rule's deadline for granting or denying the motion.

Questions Presented

1. Whether the trial court's January 16, 2020 dismissal under the Texas Citizens Participation Act was untimely and therefore denied by operation of law.
2. Whether Texas Rule of Civil Procedure 91a could provide a basis for the trial court's dismissal when the court did not hold the hearing until after Rule 91a's deadline for ruling.

Disposition

reversed_and_remanded