I declare! You’re harassing me.

Majority: “Gutman’s petition alleges that Wells requested a release, Gutman refused to provide the release, and Wells and Arbitrage harassed and threatened Gutman because he refused to provide the release. This sets out a controversy—whether Gutman must provide the requested release—that is real and not hypothetical. Taking all reasonable inferences in Gutman’s favor there is a justiciable controversy because Wells is repeatedly harassing and threatening Gutman. Although these allegations are less than specific, at this early [Rule 91a] stage they adequately assert that the declaratory judgment will serve a useful purpose of terminating the parties’ controversy and ending the harassment and threats.”

Dissent: “First, Gutman does not seek construction of a contract, nor does he argue that his rights have been ‘affected by a statute, municipal ordinance, contract, or franchise . . . .’ Second, a fair reading of Gutman’s petition, and the majority’s characterization of it, shows his claims for civil harassment, to the extent such a cause of action exists, sound in tort.”

Gutman v. Wells, No. 05-18-01227-CV (Aug. 5, 2019) (mem. op.), and dissent.