TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00216-CV
In re Combined Law Enforcement Associations of Texas and John Burpo
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
M E M O R AN D U M O P I N I O N
Relators filed a petition for writ of mandamus and an interlocutory appeal challenging
the trial court’s denial of their motions to dismiss under the Texas Citizens Participation Act
(TCPA). See Tex. Civ. Prac. & Rem. Code § 27.001-.011. Relators’ mandamus petition recognized
the split of authority among the appellate courts about whether the TCPA permits interlocutory
appeals and observed that this Court had not determined the issue.
However, in Kinney v. BGB Attorney Search, Inc., No. 03-12-00579-CV, 2013 Tex.
App. LEXIS 10481, at *10-13 (Tex. App.—Austin Aug. 21, 2013, no pet. h.) (mem. op.), we
noted the recent legislative amendment clarifying the availability of an interlocutory appeal from
the denial of a motion to dismiss under the TCPA and determined that the amendment applies
retroactively to interlocutory appeals, like the one Relators brought here, filed before the
amendment’s effective date.
Because Relators have an adequate remedy by appeal, their petition for writ of
mandamus is denied. See Tex. R. App. P. 52.8(a). Relators’ interlocutory appeal, Combined Law
Enforcement Associations of Texas and John Burpo v. Mike Sheffield, No. 03-13-00105-CV, remains
pending.
__________________________________________
Jeff Rose, Justice
Before Chief Justice Jones, Justices Rose and Goodwin
Filed: August 29, 2013
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