Exact un-redacted Order used in Navarro County, Texas Granting Defendant’s Motions For Fees and Sanctions in a defamation case when the Defendant filed to dismiss under the TCPA.
In Texas, when someone is sued for defamation, the defendant will almost always file a Motion to Dismiss the case under the Texas Citizens Participation Act. When this occurs, if the lawsuit is dismissed, the Defendant can also move for sanctions. This is set up this way to reduce defamation lawsuits that are brought which would stop the State from having the freedom of speech.
This is an order that the defendant used to be awarded $36,808 in legal fees after winning the Motion to Dismiss.
So, in this Order, the Defendants won because they were saying they did not commit defamation while the plaintiff claimed that the Defendant had.