Our initial inquiry is always whether we have jurisdiction over an appeal. 2 JURISDICTION Before proceeding with the substantive issues in this appeal, we first address Scott’s claim this court lacks jurisdiction to hear Atlas’s appeal. This court overruled Scott’s motion and set the case for submission. Atlas filed a response asserting the October 15 ruling modified the denial of its motion to dismiss pursuant to Rule of Civil Procedure 329b, and the time for appealing runs from the October 15 ruling. After Atlas filed its notice of appeal in this court, Scott moved to dismiss the appeal for want of jurisdiction because the notice of appeal was filed more than twenty days after the motion to dismiss was denied by operation of law. Atlas filed its notice of appeal on October 22, 2019. There is nothing in the record explaining why the court did not rule sooner, though he advised the parties at the August 26 hearing he would try to rule on the motion by week’s end. On October 15, 2019, the court signed an order denying the motion to dismiss. At the conclusion of the hearing, the court did not rule on the motion and stated it was taking the motion under advisement to review the pleadings and evidence, including the videos in question. A hearing on the motion to dismiss was held on August 26, 2019.
On August 22, 2019, Scott filed a second amended petition to which it attached additional exhibits. Scott filed an amended petition adding claims for breach of contract and fraudulent misrepresentation. Atlas also counterclaimed for libel, slander, business disparagement, negligent misrepresentation, and breach of contract. Atlas answered and moved to dismiss the suit pursuant to the TCPA. Hubbard posted a third video on June 23, 2019, after Scott filed this suit, entitled “World Expert Visits a Badly Engineered $500,000 Bomb Shelter,” in which Hubbard allegedly referred to Scott disparagingly.
1 Scott sued Atlas for libel and business disparagement based on these two videos. Another video, entitled “Lady in Minnesota and Her Horrible Bomb Shelter,” featured Hubbard touring and critiquing a shelter installed by Rising S. One video, entitled “Texas Man Spends 33 Months in Prison After Buying Shelter From Rising S Bunkers,” featured Hubbard interviewing a man who believed his incarceration was a direct result of his interactions with Clyde Scott when he purchased a Rising S shelter. Atlas’s owner, Ron Hubbard, posted two videos to Atlas’s YouTube channel in April 2019 in which Hubbard made statements about Scott and Rising S Company. BACKGROUND Scott and Atlas are competitors in the survival shelter industry.
#ATLAS V RISING TRIAL#
Because we conclude that Scott’s suit is exempt from the TCPA, we affirm the trial court’s order denying the motion to dismiss. In four issues, Atlas contends the trial court erroneously denied its motion to dismiss. 1 Atlas Survival Shelters, LLC appeals the denial of its motion to dismiss the libel suit brought by Clyde Scott and Rising S Company, LLC (collectively Scott). § JUDICIAL DISTRICT COURT CLYDE SCOTT AND RISING S COMPANY, LLC, § VAN ZANDT COUNTY, TEXAS APPELLEES MEMORANDUM OPINION This is an accelerated interlocutory appeal brought pursuant to the Texas Citizens Participation Act (TCPA).
12-20-00054-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS ATLAS SURVIVAL SHELTERS, LLC, APPELLANT § APPEAL FROM THE 294TH V.
0 kommentar(er)
