Jan Mogged, James Richard Fletcher and Michael Alan Taylor v. Bobby Wayne Lindamood, Jr., and Jr's Demolition & Excavation, Inc. ( 2018 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-18-00126-CV
JAN MOGGED, JAMES RICHARD § On Appeal from the 348th District Court
FLETCHER, AND MICHAEL ALAN
TAYLOR, Appellants and Cross-
Appellees § of Tarrant County (348-278342-15)
§ December 31, 2018
V.
§ Concurring opinion by Justice Meier
BOBBY WAYNE LINDAMOOD JR. AND
JR’S DEMOLITION & EXCAVATION, § Dissenting and Concurring opinion by
INC., Appellees and Cross-Appellants Justice Kerr
JUDGMENT
This court has considered the record on appeal in this case and holds that there
was error in part of the trial court’s judgment. It is ordered that the trial court’s
judgment is affirmed in part and reversed in part. We reverse the trial court’s “Order
on Motion to Dismiss” as to Bobby Wayne Lindamood’s defamation claim against
Michael Alan Taylor, and we remand that claim to the trial court for further
proceedings. We affirm the remainder of the “Order on Motion to Dismiss.” We
reverse the trial court’s “Order on Attorneys’ Fees, Costs, Expenses, and Sanctions
Pursuant to Tex. Civ. Prac. & Rem. Code Ann. § 27.009,” and we remand to the trial
court the issue of attorneys’ fees, sanctions, and court costs awardable to Jan Mogged
and James Richard Fletcher.
It is further ordered that all parties shall bear their own costs of this appeal, for
which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By: _/s/ Brian Quinn____________________
Chief Justice Brian Quinn