Evan McShirley and D'Ann Dagen v. Leilani Lucas

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-23-00229-CV

EVAN MCSHIRLEY AND D’ANN § On Appeal from County Court at Law DAGEN, Appellants No. 1

§ of Parker County (CIV-23-0047) V. § March 7, 2024

LEILANI LUCAS, Appellee § Memorandum Opinion by Justice Birdwell

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was error in part of the trial court’s order denying Evan McShirley and D’Ann

Dagen’s motion to dismiss under the Texas Citizens Participation Act. It is ordered

that the order of the trial court is affirmed in part and reversed in part.

We affirm the part of the trial court’s order that denied dismissal of Leilani

Lucas’s defamation, malicious-prosecution, and conspiracy claims. We reverse the part

of the trial court’s order that denied dismissal of Lucas’s intentional infliction of

emotional distress, negligence, and gross negligence claims, and we render judgment dismissing those claims only. We remand this case to the trial court for further

proceedings consistent with this opinion.

It is further ordered that Appellants Evan McShirley and D’Ann Dagen shall

pay all costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Wade Birdwell Justice Wade Birdwell