Better Business Bureau of Metropolitan Dallas, Inc. v. BH DFW, Inc.

OPINION

Opinion by

Justice FILLMORE.

This accelerated interlocutory appeal arises from a breach of contract action brought by BH DFW, Inc. against the Better Business Bureau of Metropolitan Dallas, Inc. (the BBB). The BBB moved to dismiss the action pursuant to the Texas Citizens Participation Act (TCPA) which provides a means for dismissal of actions involving the exercise of certain constitutional rights. See Tex. Crv. Prao. & Rem. Code Ann. §§ 27.001-011 (West Supp. 2012). In a written order, the trial court denied the motion to dismiss.

In one issue, the BBB argues the trial court erred by…