TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
JUDGMENT RENDERED MAY 1, 2015
NO. 03-12-00726-CV
Mary Louise Serafine, Appellant
v.
Alexander Blunt and Ashley Blunt, Appellees
APPEAL FROM 200TH DISTRICT COURT OF TRAVIS COUNTY
BEFORE CHIEF JUSTICE ROSE, JUSTICES PURYEAR AND PEMBERTON
CONCURRING OPINION BY JUSTICE PEMBERTON
AFFIRMED IN PART; REVERSED AND DISMISSED IN PART;
REMANDED IN PART – OPINION BY JUSTICE PURYEAR
This is an appeal from the interlocutory order signed by the trial court on September 4, 2012.
Having reviewed the record and the parties’ arguments, the Court holds that there was reversible
error in the trial court’s order denying appellant’s motion to dismiss regarding two claims:
(1) appellees’ tortious-interference counterclaim to the extent it is based on appellant’s filing of
this lawsuit and (2) appellees’ counterclaim for fraudulent lien. Therefore, the Court reverses the
trial court’s order in part and dismisses both appellees’ tortious-interference counterclaim to the
extent that it is based on appellant’s filing of this lawsuit and appellees’ counterclaim for
fraudulent lien. However, the Court holds that the trial court did not err by allowing appellees to
proceed with their counterclaim for tortious interference with contract to the extent that the claim
is based on appellant’s allegedly threatening conduct outside the context of this lawsuit, and we
affirm the trial court’s order in this respect. The Court remands the case to the trial court for
further proceedings consistent with the Court’s opinion, including consideration of whether
attorneys’ fees should be awarded on the claims we have dismissed pursuant to appellant’s trial-
court motion. Each party shall pay the costs of appeal incurred by that party, both in this Court
and the court below.