Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of February 10, 2025.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Frazier v. Maxwell, No. 02-23-00103-CV (Feb. 13, 2025) (en banc) (Kerr, J., joined by Sudderth, C.J.; Birdwell, Bassel, Womack, Wallach, and Walker, JJ.).

Held: The 2019 Texas Citizens Participation Act (TCPA) cannot be used to dismiss a Rule 202 petition because a Rule 202 petition (1) is not a “petition” for TCPA purposes, (2) is not included in the TCPA’s “legal action” definition’s catchall for “any other judicial pleading or filing that requests legal, declaratory, or equitable relief” because it does not request the catchall’s “relief,” and (3) is expressly excluded from the catchall under Section 27.001(6)(A) because it is a procedural step that does not amend or add a claim for legal, equitable, or declaratory relief.