On April 12, 2021 a
Order Returned by Court - ORDER TO DISMISS
was filed
involving a dispute between
Garcia, Jose,
Smith, Melissa,
and
Demarchi, Dante Flores,
Doe, Jane,
Doe, John,
for All Other Civil Cases (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
8/19/2021 12:29 PM
Hidalgo County District Clerks
Reviewed By: Keila Hernandez
CAUSE NO. C-1390-21-D
MELISSA SMITH AND JOSE GARCIA § IN THE DISTRICT COURT
Plaintiffs, §
§
vs. §
§ 206TH JUDICIAL DISTRICT
DANTE FLORES-DEMARCHI, JOHN §
DOE AND JANE DOE, §
Defendants. § HIDALGO COUNTY, TEXAS
ORDER
On August 19, 2021 the Court held a hearing on Defendant John Doe’s Motion to Dismiss
Under the Texas Citizens Participation Act. All parties appeared through counsel and announced
ready. After considering the pleadings, evidence, and argument of counsel, the Court is of the
opinion that the Motion should be GRANTED.
Doe has shown by a preponderance of the evidence that Plaintiffs’ Original Petition was
based on or in response to Doe’s exercise of Doe’s right to free speech. And Plaintiffs failed to
establish by clear and specific evidence a prima facie case against Doe for each essential element
of their defamation claim.
It is therefore ORDERED, ADJUDGED, AND DECREED that Doe’s motion is
GRANTED with prejudice to Plaintiffs from refiling their claim against Doe.
It is also ORDERED, ADJUDGED, AND DECREED that under Tex. Civ. Prac. & Rem.
Code § 27.009(a) Doe have and recover from Plaintiffs the following amounts:
1. $10,110 in reasonable attorney fees;
2. Conditional reasonable appellate attorney fees as follows:
a. $15,000.00 should Plaintiffs appeal to the Court of Appeals and be
unsuccessful;
1
Electronically Filed
8/19/2021 12:29 PM
Hidalgo County District Clerks
Reviewed By: Keila Hernandez
b. $6,000.00 should Plaintiffs file a petition for review in the Supreme Court of
Texas that is denied and to which Doe files a response;
c. $18,000.00 should Plaintiffs be unsuccessful at the Supreme Court of Texas
after the Supreme Court requires full merits briefing and/or oral argument on a
petition for review that Plaintiffs file.
3. $__________________ in deterrence sanctions. As required under Tex. Civ. Prac. &
Rem. Code § 27.007(a), the Court finds that Plaintiffs sued Doe to deter or prevent Doe
from exercising constitutional rights, including (i) by seeking an unconstitutional prior
restraint against Doe in asking the Court to enjoin Doe’s future speech and (ii) by
targeting core political speech that any reasonable elected official would understand is
protected under the First Amendment.
SIGNED this _____ day of _______________, 2021
By:______________________________
JUDGE PRESIDING
CC:
Lane A. Haygood, Esq. (lane@haygoodlawfirm.com)
Ray Thomas, Esq. (rthomas@raythomaspc.com)
Chad Flores, Esq. (cflores@beckredden.com)
Nicholas Bruno, Esq. (nbruno@beckredden.com)
2
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
JT Morris on behalf of Joshua (JT) Morris
Bar No. 24094444
jt@jtmorrislaw.com
Envelope ID: 56464962
Status as of 8/20/2021 8:12 AM CST
Associated Case Party: Melissa Smith
Name BarNumber Email TimestampSubmitted Status
Raymond LThomas rthomas@raythomaspc.com 8/19/2021 12:29:06 PM SENT
Associated Case Party: DanteFloresDemarchi
Name BarNumber Email TimestampSubmitted Status
Lane AndrewHaygood lane@haygoodlawfirm.com 8/19/2021 12:29:06 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Lisa Shawn lshawn@raythomaspc.com 8/19/2021 12:29:06 PM SENT
Chad Flores cflores@beckredden.com 8/19/2021 12:29:06 PM SENT
Nicholas M.Bruno nbruno@beckredden.com 8/19/2021 12:29:06 PM SENT
Associated Case Party: John Doe
Name BarNumber Email TimestampSubmitted Status
JT Morris jt@jtmorrislaw.com 8/19/2021 12:29:06 PM SENT
Document Filed Date
August 20, 2021
Case Filing Date
April 12, 2021
Category
All Other Civil Cases (OCA)
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Electronically Filed 8/19/2021 12:29 PM Hidalgo County District Clerks Reviewed By: Keila Hernandez CAUSE NO. C-1390-21-D MELISSA SMITH AND JOSE GARCIA § IN THE DISTRICT COURT Plaintiffs, § § vs. § § 206TH JUDICIAL DISTRICT DANTE FLORES-DEMARCHI, JOHN § DOE AND JANE DOE, § Defendants. § HIDALGO COUNTY, TEXAS ORDER On August 19, 2021 the Court held a hearing on Defendant John Doe’s Motion to Dismiss Under the Texas Citizens Participation Act. All parties appeared through counsel and announced ready. After considering the pleadings, evidence, and argument of counsel, the Court is of the opinion that the Motion should be GRANTED. Doe has shown by a preponderance of the evidence that Plaintiffs’ Original Petition was based on or in response to Doe’s exercise of Doe’s right to free speech. And Plaintiffs failed to establish by clear and specific evidence a prima facie case against Doe for each essential element of their defamation claim. It is therefore ORDERED, ADJUDGED, AND DECREED that Doe’s motion is GRANTED with prejudice to Plaintiffs from refiling their claim against Doe. It is also ORDERED, ADJUDGED, AND DECREED that under Tex. Civ. Prac. & Rem. Code § 27.009(a) Doe have and recover from Plaintiffs the following amounts: 1. $10,110 in reasonable attorney fees; 2. Conditional reasonable appellate attorney fees as follows: a. $15,000.00 should Plaintiffs appeal to the Court of Appeals and be unsuccessful; 1 Electronically Filed 8/19/2021 12:29 PM Hidalgo County District Clerks Reviewed By: Keila Hernandez b. $6,000.00 should Plaintiffs file a petition for review in the Supreme Court of Texas that is denied and to which Doe files a response; c. $18,000.00 should Plaintiffs be unsuccessful at the Supreme Court of Texas after the Supreme Court requires full merits briefing and/or oral argument on a petition for review that Plaintiffs file. 3. $__________________ in deterrence sanctions. As required under Tex. Civ. Prac. & Rem. Code § 27.007(a), the Court finds that Plaintiffs sued Doe to deter or prevent Doe from exercising constitutional rights, including (i) by seeking an unconstitutional prior restraint against Doe in asking the Court to enjoin Doe’s future speech and (ii) by targeting core political speech that any reasonable elected official would understand is protected under the First Amendment. SIGNED this _____ day of _______________, 2021 By:______________________________ JUDGE PRESIDING CC: Lane A. Haygood, Esq. (lane@haygoodlawfirm.com) Ray Thomas, Esq. (rthomas@raythomaspc.com) Chad Flores, Esq. (cflores@beckredden.com) Nicholas Bruno, Esq. (nbruno@beckredden.com) 2 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. JT Morris on behalf of Joshua (JT) Morris Bar No. 24094444 jt@jtmorrislaw.com Envelope ID: 56464962 Status as of 8/20/2021 8:12 AM CST Associated Case Party: Melissa Smith Name BarNumber Email TimestampSubmitted Status Raymond LThomas rthomas@raythomaspc.com 8/19/2021 12:29:06 PM SENT Associated Case Party: DanteFloresDemarchi Name BarNumber Email TimestampSubmitted Status Lane AndrewHaygood lane@haygoodlawfirm.com 8/19/2021 12:29:06 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Lisa Shawn lshawn@raythomaspc.com 8/19/2021 12:29:06 PM SENT Chad Flores cflores@beckredden.com 8/19/2021 12:29:06 PM SENT Nicholas M.Bruno nbruno@beckredden.com 8/19/2021 12:29:06 PM SENT Associated Case Party: John Doe Name BarNumber Email TimestampSubmitted Status JT Morris jt@jtmorrislaw.com 8/19/2021 12:29:06 PM SENT