Court: Supreme Court of Texas
Docket: 20-0005
Opinion Date: June 11, 2021
Judge: Per Curiam
Areas of Law: Personal Injury
The Supreme Court vacated the trial court’s underlying interlocutory order denying a motion to dismiss under the Texas Citizens Participation Act (TCPA), Tex. Civ. Prac. & Rem. Code 27.003, and the judgment of the court of appeals denying the Diocese of Lubbock’s mandamus petition, holding that the trial court lacked jurisdiction to proceed in the underlying litigation.
The claims at issue arose out of the Diocese’s inclusion of Jesus Guerrero’s name on a list of clergy credibly accused of sexual abuse. Guerrero sued, claiming defamation and intentional infliction of emotional distress. The Diocese filed a plea to the jurisdiction and followed the plea with a motion to dismiss under the TCPA. The trial court denied both. The court of appeals denied the Diocese’s mandamus petition and affirmed the trial court’s TCPA order with respect to the defamation claim. The Supreme Court vacated the orders below, holding (1) the ecclesiastical abstention doctrine deprived the trial court of jurisdiction over Guerroro’s suit; and (2) therefore, the trial court erred by not sustaining the Diocese’s plea to the jurisdiction and dismissing the underlying case.
This case law update is brought to you by Freeway Law, personal injury, and auto car accident lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.
