Pecan Street Owners Association, a Texas Non-Profit Corporation; And Shawn Cirkiel, an Individual v. Mala Vida, LLC, a Texas Limited Liability Company, and Gabriela Bucio, an Individual

CourtCourt of Appeals of Texas
DecidedOctober 23, 2025
Docket03-25-00216-CV
StatusPublished

This text of Pecan Street Owners Association, a Texas Non-Profit Corporation; And Shawn Cirkiel, an Individual v. Mala Vida, LLC, a Texas Limited Liability Company, and Gabriela Bucio, an Individual (Pecan Street Owners Association, a Texas Non-Profit Corporation; And Shawn Cirkiel, an Individual v. Mala Vida, LLC, a Texas Limited Liability Company, and Gabriela Bucio, an Individual) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pecan Street Owners Association, a Texas Non-Profit Corporation; And Shawn Cirkiel, an Individual v. Mala Vida, LLC, a Texas Limited Liability Company, and Gabriela Bucio, an Individual, (Tex. Ct. App. 2025).

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED OCTOBER 23, 2025

NO. 03-25-00216-CV

Pecan Street Owners Association, a Texas Non-Profit Corporation; and Shawn Cirkiel, an Individual, Appellants

v.

Mala Vida, LLC, a Texas Limited Liability Company, and Gabriela Bucio, an Individual, Appellees

APPEAL FROM THE 250TH DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE BYRNE, JUSTICES CRUMP AND ELLIS AFFIRMED IN PART; REVERSED AND RENDERED IN PART; REMANDED – OPINION BY JUSTICE CRUMP

This is an appeal from the denial by operation of law of appellants’ motion to dismiss filed under

the Texas Citizens Participation Act. Having reviewed the record and the parties’ arguments, the

Court holds that there was reversible error in the denial by operation of law of appellants’ motion

as to appellees’ claims against Shawn Cirkiel, and we render judgment granting appellants’

motion to dismiss as to appellees’ claims against Cirkiel and remand the case to the trial court

for further proceedings on attorneys’ fees and costs to which Cirkiel is entitled. We affirm the

trial court’s refusal to dismiss the remainder of appellees’ claims. Appellants shall pay all costs

relating to this appeal, both in this Court and in the court below.

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Pecan Street Owners Association, a Texas Non-Profit Corporation; And Shawn Cirkiel, an Individual v. Mala Vida, LLC, a Texas Limited Liability Company, and Gabriela Bucio, an Individual, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pecan-street-owners-association-a-texas-non-profit-corporation-and-shawn-texapp-2025.