COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS MATTHEW FLOREZ and LEXUS BROWN, § No. 08-19-00302-CR Appellant, § Appeal from the v. § 143rd Judicial District Court PASCUAL Q. OLIBAS, § of Reeves County, Texas Appellee. § (TC#19-07-23056-CVR) DISSENTING OPINION Respectfully, I dissent. Unlike the majority, I would conclude that Rule 202 petitions seeking pre-suit depositions are not “legal actions” within the scope of the Texas Citizens’ Participation Act. See TEX. R. CIV. P. 202.1 (allowing a petitioner to file a petition to determine whether a meritorious lawsuit for demonstrable injury exists). Here, I would adopt the analysis of Houston Tennis Ass’n, Inc. v. Thibodeaux, 602 S.W.3d 712, 719 (Tex. App.—Houston [14th Dist.]

2020, no pet.), and the other cases cited within that decision, as I find those cases to be persuasive.

July 26, 2022 GINA M. PALAFOX, Justice.

Before Rodriguez, C.J., Palafox and Alley, JJ.