No anti-SLAPP appeal, yet.

While litigants are understandably enthusiastic about the automatic right of appeal of the denial of a TCPA motion, the courts of appeal are understandably reluctant to expand that right beyond what the statute allows. In Pope-Nixon v. Howard, Ms. Pope-Nixon sued Mr. Howard and Mr. Green. Howard won his TCPA motion to dismiss and and an appeal ensued. The court of appeals found that it lacked jurisdiction, noting that “the trial court’s order left pending the damages issue and Green had not moved for dismissal . . . .” No. 05-18-01215-CV (Feb. 25, 2019) (mem. op.)