Residential Strategies, Inc. and Edward (Ted) L. Wilson, Jr. v. Megatel Homes, LLC

Opinion

Order entered February 11, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-01365-CV

RESIDENTIAL STRATEGIES, INC. AND EDWARD (TED) L. WILSON, JR., Appellants V.

MEGATEL HOMES, LLC, Appellee

On Appeal from the 68th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-19-08767

ORDER

This is an interlocutory appeal from an order denying, in part, and granting, in part,

appellants’ motion to dismiss the underlying suit pursuant to the Texas Citizens’ Participation Act (TCPA). Before the Court are (1) appellants’ motion to dismiss appellee’s cross-appeal, which challenges that portion of the trial court’s order granting appellants’ motion to dismiss under the TCPA; (2) appellants’ motion for extension of time to file their brief; and, (3) the parties’ joint motion to abate the appeal. We rule as follows.

We DENY the motion to abate. See In re Geomet Recycling LLC, 578 S.W.3d 82 (Tex.

2019). The appeal will proceed on the record as filed.

We DENY the motion to dismiss the cross-appeal. See D Magazine Partners, L.P. v.

Rosenthal, 529 S.W.3d 429, 441 (Tex. 2017).

We GRANT the extension motion and ORDER appellants to file their opening brief no later than March 2, 2020.

/s/ BILL WHITEHILL

JUSTICE