Michael C. Howard and Virginia D. Hamilton v. Matterhorn Energy, LLC, and Mike Cherry ( 2021 )

Court of Appeals Sixth Appellate District of Texas JUDGMENT Michael C. Howard and Virginia D. Appeal from the 71st District Court of Hamilton, Appellants Harrison County, Texas (Tr. Ct. No. 19- 0998). Opinion delivered by Justice No. 06-20-00085-CV v. Stevens, Chief Justice Morriss and Justice Burgess participating. Matterhorn Energy, LLC, and Mike Cherry, Appellees As stated in the Court’s opinion of this date, we find reversible error in the judgment of the court below. Therefore, we reverse the portion of the trial court’s judgment that failed to dismiss Lessees’ tortious interference with an existing contract, tortious interference with prospective business relations, and business disparagement claims based on communications made in Lessors’ petition and lis pendens. We affirm the denial of Lessors’ TCPA motion to dismiss Lessees’ breach of contract claim and the tortious interference with an existing contract, tortious interference with prospective business relations, and business disparagement claims based on communications directly made to third parties. We remand the case to the trial court for further proceedings consistent with this opinion. We further order that the appellants and appellees shall each pay one-half of all costs incurred by reason of this appeal. RENDERED MAY 4, 2021 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk