Human Power of N Company v. Anthony Turturro

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED NOVEMBER 1, 2024

NO. 03-24-00305-CV

Human Power of N Company, Appellant v. Anthony Turturro, Appellee

APPEAL FROM THE 261ST DISTRICT COURT OF TRAVIS COUNTY BEFORE JUSTICES BAKER, SMITH, AND THEOFANIS REVERSED AND RENDERED IN PART; REMANDED IN PART – OPINION BY JUSTICE BAKER

This is an appeal from the interlocutory order denying appellant’s motion to dismiss signed by the trial court on April 29, 2024. Having reviewed the record and the parties’ arguments, the Court holds that there was reversible error in the order. Therefore, the Court reverses the trial court’s interlocutory order and renders judgment dismissing with prejudice appellee’s counterclaims for abuse of process and malicious prosecution. The Court further remands the case to the trial court for a determination of the amount of attorney’s fees, costs, and sanctions to which appellant is entitled. Appellee shall pay all costs relating to this appeal, both in this Court and in the court below.