Can you appeal a Texas Anti-SLAPP motion to dismiss before final judgment?
This question has been addressed in 3 Texas court opinions:
Tumey v. Crawford
COA14 — February 3, 2026
In Tumey v. Crawford, the appellant attempted to appeal a trial court's order granting a motion to dismiss under the Texas Citizens Participation Act (TCPA). However, the appellee’s request for mandatory attorney’s fees remained unresolved in the trial court. The Fourteenth Court of Appeals analyzed Texas Civil Practice and Remedies Code § 51.014(a)(12), which specifically authorizes interlocutory appeals only when a TCPA motion is denied, not when it is granted. Following the principle that judgments are not final until all claims—including attorney's fees—are resolved, the court held that it lacked jurisdiction to hear the appeal and dismissed the case.
Litigation Takeaway
“In Texas, you cannot immediately appeal the granting of a TCPA dismissal if the issue of attorney’s fees is still pending; for family law litigants, this means a successful movant can effectively block an opponent's appeal by keeping the fee adjudication active in the trial court.”
Ronald Adams a/k/a Ron Adams v. Gary Upshaw
COA05 — January 29, 2026
The Dallas Court of Appeals reversed a trial court’s refusal to dismiss a defamation lawsuit under the Texas Citizens Participation Act (TCPA). The dispute arose after the president of a youth sports organization sent communications regarding the failure to conduct background checks on a sex offender, identifying the plaintiff as the organization's representative during the relevant period. The court analyzed the case under the TCPA framework, determining that child safety in sports is a "matter of public concern," which shifted the burden to the plaintiff to prove his case with "clear and specific evidence." Because the plaintiff failed to meet this heightened evidentiary threshold for all elements of defamation, the court held the suit must be dismissed and remanded the case for an award of attorney's fees to the defendant.
Litigation Takeaway
“In 'crossover' defamation suits involving child safety or parental fitness, the TCPA is a powerful defensive shield. Plaintiffs cannot rely on vague allegations; they must provide specific, high-quality evidence at the very start of the case or face mandatory dismissal and the obligation to pay the defendant’s legal fees.”
Rolling Dough, Ltd. d/b/a Panera Bread v. Anyadike
COA14 — February 24, 2026
A customer sued Panera Bread for Intentional Infliction of Emotional Distress (IIED) after a manager accused her of theft and summoned the police during a dispute over a pre-paid order. Panera moved to dismiss the claim under the Texas Citizen’s Participation Act (TCPA), arguing the report was a matter of public concern. The Court of Appeals analyzed whether reporting criminal activity falls under the TCPA and whether the plaintiff established a prima facie case for IIED. The court held that reporting a crime is an exercise of free speech on a matter of public concern and that the plaintiff failed to provide clear and specific evidence of "extreme and outrageous" conduct, as false accusations of theft and summoning police do not meet the high legal threshold for IIED. The court reversed the trial court's denial of the motion to dismiss and remanded for the assessment of attorney's fees.
Litigation Takeaway
“Reporting suspected criminal activity to law enforcement is a protected matter of public concern under the TCPA; consequently, the TCPA serves as a powerful defensive shield to quickly dismiss retaliatory IIED claims and recover attorney’s fees in high-conflict disputes where the police are called.”