Legal Opinion · Dissent

Better Business Bureau of Metropolitan Houston, Inc. v. John Moore Services, Inc.

Court of Appeals of Texas

Decided June 2, 2016No. 01-14-00687-CVPublished

1DissentMichael Massengale, Justice

The trial court in this case granted the TCPA motion 'to dismiss. Our court now enters an appellate judgment of reversal in this interlocutory appeal, and concludes ... the trial court should have granted the TCPA motion to dismiss.

In contrast to a flawed interpretation of the TCPA in Direct Commercial Funding v. Beacon Hill Estates, LLC, 407 S.W.3d 398 (Tex.App.—Houston [14th Dist.] 2013, no pet.), I would hold that the trial court appropriately exercised its plenary authority to revise interlocutory trial rulings when it granted the motion to dismiss. As a result, this interlocutory appeal…

2Cases cited24 opinions

  1. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  2. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  3. Kerry Heckman, on Behalf of Themselves and All Other Persons Similarly Situated v. Williamson CountyTexas Supreme Court · 2012
  4. Helena Chemical Co. v. WilkinsTexas Supreme Court · 2001
  5. Laidlaw Waste Systems (Dallas), Inc. v. City of WilmerTexas Supreme Court · 1995

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