Evan McShirley and D'Ann Dagen v. Leilani Lucas ( 2024 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-23-00229-CV
EVAN MCSHIRLEY AND D’ANN § On Appeal from County Court at Law
DAGEN, Appellants No. 1
§ of Parker County (CIV-23-0047)
V.
§ March 7, 2024
LEILANI LUCAS, Appellee § Memorandum Opinion by Justice
Birdwell
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 order denying Evan McShirley and D’Ann
Dagen’s motion to dismiss under the Texas Citizens Participation Act. It is ordered
that the order of the trial court is affirmed in part and reversed in part.
We affirm the part of the trial court’s order that denied dismissal of Leilani
Lucas’s defamation, malicious-prosecution, and conspiracy claims. We reverse the part
of the trial court’s order that denied dismissal of Lucas’s intentional infliction of
emotional distress, negligence, and gross negligence claims, and we render judgment
dismissing those claims only. We remand this case to the trial court for further
proceedings consistent with this opinion.
It is further ordered that Appellants Evan McShirley and D’Ann Dagen shall
pay all costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Wade Birdwell
Justice Wade Birdwell