Background
Randall C. Brown, Donald D. Bowers, and Patricia W. Bowers filed a motion to dismiss Robert E. Gaines’s claims under the Texas Citizens Participation Act on September 24, 2025. The trial court held a hearing on December 1, 2025.
Under Texas Civil Practice and Remedies Code section 27.005, the trial court had 30 days after the hearing—through December 31, 2025—to rule. Because it did not rule by then, the motion was denied by operation of law. The appellants challenged that denial, but on January 8, 2026, the trial court granted their TCPA motion and entered final judgment in their favor.
The Court’s Holding
The Fourth Court of Appeals held that the January 8 order rendered the appeal moot. Although the trial court granted the TCPA motion after the statute’s 30-day decision period expired, the expiration of that period did not extinguish the court’s plenary power to reconsider the motion’s merits.
Because the appellants ultimately received the dismissal and final judgment they sought, there was no longer a live controversy over the earlier denial by operation of law. The appellate court therefore dismissed the appeal as moot.
Key Takeaways
- A TCPA motion is denied by operation of law if the trial court does not rule within 30 days after the hearing.
- The statutory deadline does not eliminate the trial court’s plenary power to reconsider the TCPA motion and grant it later.
- A later order granting the requested TCPA dismissal can moot an appeal from the earlier denial by operation of law.
Why It Matters
The decision underscores that a missed TCPA ruling deadline does not necessarily prevent a trial court from later granting dismissal while it retains plenary power. It also illustrates that an interlocutory appeal may become moot when a subsequent trial-court order gives the appellant the relief sought.