Third Court of Appeals Civil Update October 2024

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The following are summaries of selected civil opinions issued by the Third Court of Appeals during August 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of Sept. 13, 2024. 

TRIAL PROCEDURE: Commercial-speech exemption barred TCPA dismissal. 

Carpenter v. Daspit Law Firm, PLLC, No. 03-22-00466-CV (Tex. App.—Austin Aug. 14, 2024, no pet. h.) (mem. op.). 

Firm sued former associate after he solicited firm clients to his new firm. Associate’s Texas Citizens Participation Act (TCPA) motion to dismiss was overruled by operation of law. The court of appeals concluded the TCPA applied and addressed whether the commercial-speech exemption applied. The commercial-speech exemption excludes legal actions brought against a person primarily engaged in selling services if the statement arises out of the sale of services when the intended audience is an actual or potential customer. Associate was engaged in selling legal services, his communications with firm’s clients were in his capacity as a seller of legal services, his communications arose from his efforts to solicit legal services, and the communications were made to potential clients. The Court held that the exemption applied, and thus the TCPA did not apply. The Court affirmed. 

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