HOUSTON - The 14th Court of Appeals today concluded that the Texas Citizen Participation Act does not apply to a defamation lawsuit brought by the Willowbrook Sports Complex.
Willowbrook, a volleyball club, sued Jeremy Sampson and Kevin Hubbard, two fathers of volleyball players. The men allegedly made defamatory statements about Willowbrook’s alleged embezzlement and misuse of funds.
Court records show Sampson and Hubbard filed a motion to dismiss under the TCPA, arguing that Willowbrook’s suit arose from their exercise of the right to free speech. The trial court denied the motion and the appeal followed.
The 14th Court concluded that appellants did not meet their initial burden under the TCPA and determined the TCPA does not apply to Willowbrook’s claims, affirming the trial court’s denial of the motion to dismiss.
“We conclude that appellants have not shown by a preponderance of the evidence that appellees’ defamation claims were based on or in response to a ‘matter of public concern,’” the opinion states. “Accordingly, appellees’ action does not fall within the TCPA’s free-speech prong.”
Appeals case No. 14-22-00327-CV