The Texas Anti-SLAPP (Strategic Litigation Against Public Participation) Act requires the Plaintiff to provide clear and convincing evidence to support all their claims (in the original motion that created the lawsuit)

(b) Except as provided by Subsection (c), on the motion of a party under Section 27.003, a court shall dismiss a legal action against the moving party if the moving party shows by a preponderance of the evidence that the legal action is based on, relates to, or is in response to the party’s exercise of:

(1) the right of free speech;

(2) the right to petition; or

(3) the right of association.

(c) The court may not dismiss a legal action under this section if the party bringing the legal action establishes by clear and specific evidence a prima facie case for each essential element of the claim in question.

The Court has thirty days from the date of the hearing to render a decision. If the Court finds in favor of the Plaintiff, the case proceeds forward as normal.

If the Court finds in favor of the Defendant, the case is dismissed. Furthermore,...

Sec. 27.009. DAMAGES AND COSTS. (a) If the court orders dismissal of a legal action under this chapter, the court shall award to the moving party:

(1) court costs, reasonable attorney’s fees, and other expenses incurred in defending against the legal action as justice and equity may require; and

(2) sanctions against the party who brought the legal action as the court determines sufficient to deter the party who brought the legal action from bringing similar actions described in this chapter.

All documents from the suit styled Melissa Kingston v Avi S. Adelman (DC1210604) will be posted to this page after they are filed to the court and posted on the Dallas County Court website. Documents such as receipts and cover pages will not be posted.

Belmont Addition Conservation District (Philip Kingston, Attorney) v LeComte Group

Melissa and Philip Kingston v Michelle Goll

Dixie Kingston v George Vann et al (San Antonio)

Belmont Addition Conservation District (Philip Kingston, Attorney) v LeComte Group / Joshua LeComte

Media requests

Requests for comments on this case should be directed to my attorney of record.

Justin P. Nichols,
Attorney at Law

The Nichols Law Firm, P.L.L.C.

106 S. Saint Mary's Street

255 One Alamo Center

San Antonio, Texas 78205

(210) 354-2300 phone

(800) 761-5782 facsimile

Justin@TheNicholsLawFirm.com

Media links

Court filings

4_9 - Plaintiff's Traditional Motion for Partial Summary Judgment

Defendants Motion to Amend Order to Allow Permissive Appeal March 8, 2013

3 2 Cortez Ruling SLAPP by Avi S. Adelman

3-2 Brief in Opposition to Motion to Proceed With Discovery by

Transcript of Melissa Kingston, afternoon session, Kingston v Adelman, 1/8/2013 by AviAdelman

Transcript of Melissa Kingston, morning session, Kingston v Adelman, 1/8/2013 by AviAdelman

PLAINTIFF Supplement to Motion to Proceed With Discovery 2.25.13

Plaintiff Response to Motion to Proceed With Discovery