BEAUMONT – Today, the Ninth Court of Appeals affirmed Judge Mitch Templeton’s decision to deny a motion to dismiss in a lawsuit brought against Texas Farmers Insurance.
Court records show that plaintiff Latosha Diggles, who is no stranger to filing lawsuits in Jefferson County, filed suit against Texas Farmers, alleging that the insurance company denied her claim for water damage that resulted from a broken pipe.
The law firm of Lindsay, Lindsay & Parsons intervened in the case, asserting a breach of contract claim. The law firm alleged that it had done substantial work for Diggles before she sought new counsel, maintaining that the firm was entitled to fees and expenses.
In response, Diggles filed a plea to the jurisdiction, requesting Judge Templeton send the case to arbitration, as the purported contract between her and the firm included an arbitration clause.
Lindsay, Lindsay & Parsons then filed a request for a restraining order and sought damages for defamation and slander, alleging Diggles had sent harassing emails and made false claims of fraud, criminality and racism, court records show.
The firm also requested sanctions, alleging Diggles had threatened violence.
On Jan. 15, Judge Templeton, who presides over the 172nd District Court, ordered the firm’s defamation suit and claims for breach of contract to arbitration.
Diggles then filed a motion to dismiss under the Texas Citizens Protection Act and request for sanctions, arguing the firm’s claims were based on her exercise of free speech, which Judge Templeton denied – finding that the plea to the jurisdiction was moot, as it had already been granted.
Diggles appealed, arguing the trial court erred, court records show.
The Ninth Court found the trial court lacked the authority to enter an order dismissing the lawsuit.
Diggles is represented by storm attorney Eric Dick, who has handled hundreds of lawsuits against insurance companies.
Appeals case No. 09-21-00062-CV. Trial case No. E-203884.