United Food & Commercial Workers International Union v. Wal-Mart Stores, Inc.

OPINION

SUE WALKER, Justice.

I. Introduction

This is an interlocutory appeal from the trial court’s order denying Appellants’ mo*510tion to dismiss filed pursuant to the Texas Citizens’ Participation Act (TCPA). Because Appellees established by clear and specific evidence a prima facie case for each essential element of their trespass claim and because Appellants failed to establish by a preponderance of the evidence each essential element of the defense of consent, we will affirm the trial court’s denial of Appellants’ motion to dismiss. See Tex. Civ. Prac. & Rem. Code Ann. § 27.005(c), (d) (West…