Austin Attorney Elizabeth Brabb Prevails in TCPA Appeal
Jun 7, 2021
Elizabeth Brabb, Senior Attorney in Thompson Coe’s Austin office, recently prevailed in the Austin Court of Appeals on behalf of her client, a debt holder and judgment creditor. Following the domestication of a judgment in Texas, the judgment creditor was sued by the judgment debtor for alleged violations of Chapter 12 of the Civil Practice and Remedies Code (fraudulent documents), the Deceptive Trade Practices Act (DTPA), and various provisions of the Texas Penal Code.
The Court of Appeals reversed the trial court’s denial of the judgment creditor’s Motion to Dismiss pursuant to the Texas Citizens Participation Act (TCPA), holding that the debtor’s claims triggered the TCPA and that the debtor’s failure to put forth prima facie evidence of each element of his claims required reversal and dismissal of those claims. The Court of Appeals also remanded to the trial court for a determination of the attorneys’ fees owed to the judgment creditor under the TCPA.
Elizabeth is an attorney in the firm’s appellate and litigation sections. Elizabeth is experienced with all aspects of civil trial and appellate litigation in state and federal court, including fact investigation, case development and strategy, drafting and arguing motions, settlement, and drafting merits briefs on appeal.