Jackson v. Cheatwood
Cases that cite this one
30 later published cases cite this decision. The 25 that cite it most often are listed here.
- Vicky McKenna v. Baylor College of Medicine (Tex. App. 2015)
- Lisa Kaye Newton v. SCI Texas Funeral Services, Inc. D/B/A Forest Park East Funeral Home (Tex. App. 2015)
- Steve Childers v. King Ranch, Inc. and Jack Hunt (Tex. App. 2005)
- Wal-Mart Stores, Inc. v. Odem (Tex. App. 1996)
- Beaumont Enterprise & Journal v. Smith (Tex. 1985)
- Vista Chevrolet, Inc. v. Barron (Tex. App. 1985)
- Marathon Oil Co. v. Salazar (Tex. App. 1984)
- Kennedy v. Texoma Broadcasters, Inc. (Tex. App. 1974)
- Ahmed Zidan v. Alexander Zidan F/K/A Mohammed Zidan (Tex. App. 2022)
- Gaylord Broadcasting Co. v. Francis (Tex. App. 1999)
- Hanssen v. Our Redeemer Lutheran Church (Tex. App. 1997)
- Randall's Food Markets, Inc. v. Johnson (Tex. 1995)
- McDade + Co. v. Friendswood Development Co. (Tex. App. 1995)
- Maewal v. Adventist Health Systems/Sunbelt, Inc. (Tex. App. 1994)
- Martinez v. Hardy (Tex. App. 1993)
- Town of South Padre Island v. Jacobs (Tex. App. 1987)
- Little v. Bryce (Tex. App. 1987)
- Ramos v. Henry C. Beck Co. (Tex. App. 1986)
- Bessent v. Times-Herald Printing Co. (Tex. 1986)
- Bolling v. Baker (Tex. App. 1984)
- Houston v. Grocers Supply Co., Inc. (Tex. App. 1981)
- Goree v. Carnes (Tex. App. 1981)
- Moore & Associates v. Metropolitan Life Insurance Co. (Tex. App. 1980)
- Wise v. Dallas Southwest Media Corp. (Tex. App. 1979)
- McDonald v. Glitsch, Inc. (Tex. App. 1979)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The trial court granted defendant’s motion for summary judgment in this libel action, the proof establishing a qualified privilege of the defendant but standing silent as to the presence or absence of actual malice. On trial of the cause, it would be the burden of plaintiff to prove his allegation of actual malice. The Court of Civil Appeals has reversed the judgment and remanded the cause for trial, on the grounds that the defendant as movant had to negative the plaintiff’s cause of action. 442 S.W.2d 789. Since the defendant, though enjoying a conditional privilege, would be liable if actuated by malice, it must fall to him to establish the absence of malice on his motion for summary judgment.
We approve this holding of the Court of Civil Appeals but since its opinion passes on matters not brought to this Court, the application for writ of error is refused, no reversible error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.