Roland F. Gonzales, Javier T. Duran and Karen L. Landinger forged new law by securing a ruling from the Fourth Court of Appeals.
The Court held a sanctions motion constitutes a legal action protected by the Amended Texas Citizens Participation Act.
The Court distinguished motions for sanctions that seek monetary relief and motions for sanctions which merely seek a procedural remedy. This distinction is now precedent in the Fourth Court and resolves a conflict with other intermediate courts of appeals that a sanctions motion was procedural and not subject to dismissal under the Act.
The Fourth Court of Appeals reversed and rendered the trial court and awarded attorney’s fees for Mr. Gonzales’ client.
