Texas Case Summaries

Texas 9th Court of Appeals

Texas 9th Court of Appeals, Civil Procedure, Collections & Creditor Rights

In Re Law Office of Ruben Franco Jr. — Defective Garnishment Writ Naming Garnishee as Judgment Debtor Does Not Compel Disclosure of Debtor’s Funds

The Texas Court of Appeals, Ninth District, denied mandamus relief to a judgment creditor whose garnishment writ incorrectly named the garnishee bank as the judgment debtor, holding that a writ of garnishment must strictly comply with the statute and that a garnishee is not obligated to disclose the debtor’s funds when the debtor is not identified in the writ—even if the garnishee has actual knowledge of the error from the application served alongside the writ.

Texas 9th Court of Appeals, anti-slapp, Civil Procedure, defamation

Galynsky v. Thomas — TCPA Dismissal Affirmed Where Plaintiff Offered No Evidence in Response to Anti-SLAPP Motion

The Texas Court of Appeals, Ninth District, affirmed the TCPA dismissal of defamation and malicious prosecution claims where the plaintiff attached no evidence—no affidavits, no documents—to his response to the anti-SLAPP motion, holding that attorney argument alone does not satisfy the “clear and specific evidence” standard required to defeat a TCPA motion to dismiss.

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