Trane US, Inc. v. Sublett

501 S.W.3d 783, 2016 Tex. App. LEXIS 10723, 2016 WL 5787307
CourtCourt of Appeals of Texas
DecidedSeptember 30, 2016
DocketNo. 07-16-00286-CV
StatusPublished
Cited by28 cases

This text of 501 S.W.3d 783 (Trane US, Inc. v. Sublett) 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.

Bluebook
Trane US, Inc. v. Sublett, 501 S.W.3d 783, 2016 Tex. App. LEXIS 10723, 2016 WL 5787307 (Tex. Ct. App. 2016).

Opinion

OPINION

Per Curiam

Before the court are appellees Jacob Sublett and Thomas Morton’s motion to dismiss the appeal for lack of subject-matter jurisdiction and appellant Trane US, Inc.’s, response and motion to abate the appeal. Sublett and Morton also filed a reply to Trane’s response and a response to Trane’s motion to abate. We find the trial court order Trane challenges is not appealable. And we will not abate the appeal, but will dismiss it.

Background

Trane sued its former employees, Sub-lett and Morton, alleging various claims in contract and tort. Sublett and Morton moved to dismiss the suit under the Texas Citizens Participation Act (TCPA), arguing the lawsuit unlawfully impinged the exercise of their right of free speech, right to petition, or right of association.1 The trial court signed an order that both granted the motion to dismiss and directed counsel for Sublett and Morton to submit a request for attorney’s fees and sanctions under the TCPA’s section 27.009(a). Sublett and Morton’s request for attorney’s fees and sanctions was filed and Trane responded in opposition. These issues remain pending in the trial court.2 Meanwhile, Trane filed a notice of appeal and its appellate brief.

In this court, Sublett and Morton have moved to. dismiss Trane’s appeal, contending the trial court’s dismissal order is not a final disposition of the case and no statute grants an interlocutory appeal of an order granting a motion to dismiss under the TCPA. As noted, Trane opposes that relief, and alternatively asks that we abate the appeal until the trial court disposes of the remaining issues.

Analysis

Section 27.003(a) of the TCPA provides: “If a legal action is based on, relates to, or is in response to a party’s exercise of the right of free speech, right to petition, or right of association, that party may file a motion to dismiss the legal action.” Tex. Civ. Prao. & Rem. Code Ann. § 27.003 (West 2015). If a court dismisses a case under the TCPA, it shall award the moving party:

(1) court costs, reasonable attorney’s fees, and other expenses incurred in defending against the legal action as justice and equity may require; and
(2) sanctions against the party who brought the legal action as the court determines sufficient to deter the party who brought the legal action from bringing similar actions described in this chapter.

Tex. Crv. Prac. & Rem. Code Ann. § 27.009(a) (West 2015).

“Unless a statute authorizes an interlocutory appeal, appellate courts generally only have jurisdiction over final judgments.” CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex.2011) (citing Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.2001) and Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. [786]*7861992)). Statutes permitting interlocutory appeals are strictly applied because they present a narrow exception to the general rule that interlocutory orders are not immediately appealable. Id. at 447-48 (citing Tex. A & M Univ. Sys. v. Koseoglu, 233 S.W.3d .835, 841 (Tex.2007) and Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 355 (Tex.2001)); see Tex. Civ. Prac, & Rem. Code Ann. § 51.014(a)(l)-(13) (West Supp. 2016).

Section 51.014(a)(12) of the Civil Practice and Remedies Code authorizes the interlocutory appeal of an order that denies a motion to dismiss under the TCPA. The statute contains no corresponding authorization for the immediate appeal of an order granting a motion to dismiss. Roll-N-Rock, Inc. v. Patison, No. 05-15-00164-CV, 2015 WL 5098520, at *1-2, 2015 Tex.App. LEXIS 9279 at *2-3 (Tex.App.—Dallas 2015, no pet.) (mem. op.). Interlocutory appeal of the trial court’s order granting Sublett and Morton’s motion to dismiss is therefore not available. See Fleming & Assocs., L.L.P. v. Kirklin, 479 S.W.3d 458, 460-61 (Tex.App.—Houston [14th Dist.] 2015, pet. denied) (finding orders granting motions to dismiss which also provided that attorney’s fees and sanctions would “be considered at a later date” were interlocutory and not appealable); Horton v. Martin, No. 05-15-00015-CV, 2015 WL 3657901, 2015 Tex.App. LEXIS 6003 (Tex.App.—Dallas June 15, 2015, no pet.) (mém. op.) (court lacked jurisdiction over attempted interlocutory appeal of dismissal order under § 27.003).

Trane argues it is entitled to immediately appeal the dismissal order under TCPA section 27.008(b). In part relevant to the present issue, that section provides, “An appellate court shall expedite an appeal ... whether interlocutory or not, from a trial court order on a motion to dismiss a legal action under Section 27.003 or from a trial court’s failure to rule on that motion in the time prescribed by Section 27.005.” Tex. Civ. Prac. & Rem. Code Ann. § 27.008(b) (West 2015). Our primary objective when construing a statute is to give effect to the intent of the Legislature, “which, when possible, we discern from the plain meaning of the words chosen.” State v. Shumake, 199 S.W.3d 279, 284 (Tex.2006). Provided a statute is unambiguous, we adopt .the. interpretation its plain language supports unless that interpretation would lead to absurd results. TGS-NO-PEC Geophysical Co. v. Combs, 340 S.W.3d 432, 439 (Tex.2011). We do not construe section 27.008(b) in isolation or without regard for section 51.014(a)(12). See Schlumberger Ltd. v. Rutherford, 472 S.W.3d 881, 887 (Tex.App.—Houston [1st Dist.] 2015, no pet.). In light of section 51.014(a)(12), section 27.008(b) cannot be read' to authorize an interlocutory appeal by either party of an order granting dismissal under section 27.003. Schlumberger, 472 S.W.3d at 887 (stating that § 27.008(b) “does not expressly confer a right to interlocutory appeal”). Rather, we find section 27.008(b) requires a court of appeals to expedite3 the appeal of an order under section 27.003, whether it is from the denial of a motion to dismiss immediately ap-pealable under section 51.014(a)(12),4 or from a final judgment resulting from the grant of a motion to dismiss.

Trane further argues that based on the court’s interpretation of Civil Practice and [787]*787Remedies Code section 27.008 in Direct Commercial Funding, Inc. v. Beacon Hill Estates, LLC, No. 14-12-00896-CV, 2013 WL 407029, 2013 Tex.App. LEXIS 1898 (Tex.App.—Houston [14th Dist.] Jan. 24, 2013, order), an interlocutory appeal is available. Beacon Hill was decided before the enactment of Civil Practice and Remedies Code section 51.014(a)(12).5 We will not be guided in this case by its statutory analysis.

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Bluebook (online)
501 S.W.3d 783, 2016 Tex. App. LEXIS 10723, 2016 WL 5787307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trane-us-inc-v-sublett-texapp-2016.