TSA-Texas Surgical Associates, L.L.P., Richard M. Alexander, M.D., Luis G. Echeverri, M.D., and Robert T. Baldwin, M.D. v. Gonzalo M. Vargas, M.D.

Summary

The Texas Fourteenth Court of Appeals affirmed the denial of a Texas Citizens Participation Act motion to dismiss in a partnership dispute among surgeons concerning the buyout of a retired partner's interest. The court held that communications concerning the partner's withdrawal and buyout were not related to the provision of medical services as a matter of public concern and did not involve common interests protected by the applicable version of the TCPA. Because the appellants failed to meet their initial burden, the court did not reach the remaining TCPA issues.

Holdings

1. The claims did not implicate the TCPA right of free speech because the communications concerned Vargas's withdrawal from the partnership after he stopped practicing medicine, rather than the provision of medical services or a matter of public concern.
2. The claims did not implicate the TCPA right of association because the communications concerned a private transaction and disagreements over Vargas's withdrawal from the partnership, not the pursuit or defense of a qualifying common interest.
3. Because appellants failed to establish by a preponderance of the evidence that the TCPA applied to Vargas's claims, the burden never shifted to Vargas to establish a prima facie case for each element of his claims.

Questions Presented

1. Whether Vargas's claims were based on, related to, or in response to the exercise of the right of free speech under the applicable version of the Texas Citizens Participation Act because the claims involved communications concerning the provision of medical services.
2. Whether Vargas's claims were based on, related to, or in response to the exercise of the right of association under the applicable version of the Texas Citizens Participation Act because the communications concerned common interests.
3. Whether the trial court properly denied appellants' TCPA motion to dismiss after appellants failed to establish that the TCPA applied.

Disposition

affirmed