Phuong Nguyen AND E-2 Optics, LLC AND Southwest Networks, Inc. v. Able Communications, Inc.

• Court: Court of Appeals of Texas
• Decided: April 30, 2020
• Docket: 02-19-00069-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-19-00069-CV

PHUONG NGUYEN AND E-2 OPTICS, § On Appeal from the 236th District Court LLC AND SOUTHWEST NETWORKS, INC., Appellants § of Tarrant County (236-298983-18)

V. § April 30, 2020

ABLE COMMUNICATIONS, INC., Appellee § Opinion by Justice Wallach

JUDGMENT

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

was error in the trial court’s judgment. We reverse the trial court’s denial of

Appellants’ motions to dismiss under the TCPA except as to the fraud by

nondisclosure claim against Appellant Phuong Nguyen. We remand this case for the

trial court to render a judgment of dismissal as to all of Appellee ABLe

Communications, Inc.’s claims against Appellants E-2 Optics, LLC and Southwest Networks, Inc. and all claims against Nguyen except ABLe’s claims for breach of

contract and fraud by nondisclosure and for further proceedings consistent with this

opinion.

It is further ordered that Appellee ABLe Communications, Inc. shall pay all of

the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By _/s/ Mike Wallach___________________ Justice Mike Wallach