Summary
This memorandum opinion from the Texas Court of Appeals addresses an appellant's attempt to take an interlocutory appeal from a trial court's scheduling order, which he argued constituted a denial of his Texas Citizens Participation Act (TCPA) motion to dismiss. The court determined that because the appellant failed to set the TCPA motion for a hearing within the statutory period following the case's remand, no express or operation-of-law denial occurred. Accordingly, the appellate court dismissed the appeal for want of jurisdiction due to the absence of a reviewable ruling.
Topics
Practice areas
Questions Presented
- Whether the Uniform Scheduling Order constitutes a denial of Johnson’s TCPA motion subject to interlocutory appeal
- Whether this appellate court has jurisdiction over the appeal of the Uniform Scheduling Order
Holdings
- The appellate court lacks jurisdiction because there was no express or deemed denial of the TCPA motion; without a hearing, the motion cannot be deemed denied and therefore no order is subject to interlocutory appeal.
Key quotations
“Because there was no hearing on Johnson’s TCPA motion, there is no order subject to an interlocutory appeal and no denial of the motion by operation of law, and we lack jurisdiction over this appeal.” (at *6)
Factual background
Johnson filed a tax‑assessment lawsuit against the Bastrop Central Appraisal District. The district obtained a vexatious‑litigant order, staying the case. While the stay was in effect, Johnson filed a motion to dismiss under the Texas Citizens Participation Act (TCPA). The motion remained ineffective because no hearing was held. After the stay was lifted, Johnson failed to set a hearing on the TCPA motion, and the trial court eventually dismissed the case for his failure to post security.
Procedural history
Johnson sued the Bastrop Central Appraisal District over property taxes. The trial court stayed the case after finding Johnson a vexatious litigant. Johnson filed a TCPA motion during the stay, which was ineffective. The trial court later dismissed the case after Johnson failed to post security. The case was remanded, but Johnson never set a hearing on the TCPA motion. He appealed the Uniform Scheduling Order, claiming a denial of the TCPA motion.