Consultants in Pain Medicine, PLLC and David Blanton v. Ellen Boyle Duncan, PLLC and Ellen Boyle Duncan, M.D. ( 2024 )

Fourth Court of Appeals
San Antonio, Texas
JUDGMENT
No. 04-22-00749-CV
CONSULTANTS IN PAIN MEDICINE, PLLC and David Blanton,
Appellants
v.
ELLEN BOYLE DUNCAN, PLLC and Ellen Boyle Duncan, M.D.,
Appellees
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2022-CI-04954
Honorable Laura Salinas, Judge Presiding
BEFORE CHIEF JUSTICE MARTINEZ, JUSTICE RODRIGUEZ, AND CHIEF JUSTICE
MARION (RET.) 1
This is an appeal from interlocutory orders signed by the trial court on October 20, 2022,
entitled (1) “Order Denying Defendants’ Motion to Dismiss Under the Texas Citizens Participation
Act,” (2) “Order Regarding Plaintiffs’ Objections to the Declaration of David Blanton,” and (3)
“Order on Defendants’ Objections to the Declaration of Ellen Boyle Duncan, M.D., Individually
and as Sole Member of Ellen Boyle Duncan, PLLC.”
In accordance with this court’s opinion of this date, the trial court’s Order Regarding
Plaintiffs’ Objections to the Declaration of David Blanton and its Order on Defendants’ Objections
to the Declaration of Ellen Boyle Duncan, M.D., Individually and as Sole Member of Ellen Boyle
Duncan, PLLC are AFFIRMED. The trial court’s Order Denying Defendants’ Motion to Dismiss
Under the Texas Citizens Participation Act is AFFIRMED IN PART as to the portion of that
order denying appellants’ motion to dismiss, and the order is REVERSED IN PART as to the
portion of that order awarding attorney’s fees to appellees. We RENDER judgment denying
appellees’ request for attorney’s fees and costs.
It is ORDERED that each party shall bear its own costs of appeal.
1
Retired Fourth Court of Appeals Chief Justice Sandee Bryan Marion sitting by assignment. See TEX. GOV’T CODE
ANN. § 74.003.
04-22-00749-CV
SIGNED March 13, 2024.
_____________________________
Rebeca C. Martinez, Chief Justice
-2-