Wylie Cavin Lillian Cavin And Eagle Radiology, PLLC v. Kristin Abbott and William Abbott

• Court: Court of Appeals of Texas
• Decided: July 14, 2017
• Docket: 03-16-00395-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 14, 2017

NO. 03-16-00395-CV

Wylie Cavin; Lillian Cavin; and Eagle Radiology, PLLC, Appellants

v.

Kristin Abbott and William Abbott, Appellees

APPEAL FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY BEFORE JUSTICES PURYEAR, PEMBERTON, AND FIELD AFFIRMED IN PART; REVERSED AND RENDERED IN PART; REVERSED AND REMANDED IN PART—OPINION BY JUSTICE PEMBERTON

This is an appeal from the interlocutory order signed by the district court on June 1, 2016.

Having reviewed the record and the parties’ arguments, the Court holds that the district court did

not err in denying appellants’ motion to dismiss appellees’ assault claim. The court therefore

affirms the district court’s order in this respect. However, the Court holds that there was

reversible error in the district court’s order denying appellants’ motion to dismiss each of

appellees’ other claims. Therefore, the Court reverses the district court’s order and renders

judgment dismissing these other claims. The Court remands the case to the district court to

determine the attorney’s fees and sanctions that must be awarded incident to such dismissal

under the Texas Citizens Participation Act, as well as for reconsideration, in light of the Court’s

opinion, of the discretionary attorney’s fees previously imposed by the district court against appellants. Each party shall pay the costs of appeal incurred by that party, both in this Court and

in the court below.