John and Mary Ann Tatum v. Julie Hersh

OPINION

Opinion by

Justice Whitehill

The Texas Citizens Participation Act 1 allows a defendant to move for dismissal of a cause of action if that claim is based on, relates to, or is in response to the defendant’s exercise of an enumerated .right, such.as the right of free speech. In Pickens v. Cordia, 433 S.W.3d 179 (Tex.App.-Dallas 2014, no pet.), however, we held that a defendant who denies making the communication at issue cannot invoke that procedure.

The present case tens on whether Pickens applies if the defendant’s motion admits participating in a conversation generally but denies making…