KB Home Lone Star Inc. v. Charles Gordon & Cynthia Gordon

• Court: Court of Appeals of Texas
• Decided: May 5, 2021
• Docket: 04-20-00345-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas

JUDGMENT No. 04-20-00345-CV

KB HOME LONE STAR INC., Appellant

v.

Charles GORDON & Cynthia Gordon, Appellees

From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CI-21178 Honorable Laura Salinas, Judge Presiding

BEFORE JUSTICE CHAPA, JUSTICE RIOS, AND JUSTICE RODRIGUEZ

We REVERSE the trial court’s denial of KB Home Lone Star Inc.’s motion to dismiss the motion for sanctions filed by Charles Gordon and Cynthia Gordon. On REMAND, the trial court is instructed to render an order granting the TCPA motion to dismiss and awarding KB Home Lone Star Inc. the court costs and reasonable attorney’s fees it incurred in defending against the motion for sanctions. Appellees’ motion for Rule 45 sanctions is DENIED.

We ORDER all costs of this appeal taxed against the appellees, Charles Gordon and Cynthia Gordon.

SIGNED May 5, 2021.

_____________________________ Luz Elena D. Chapa, Justice