Texas Supreme Court hears challenge over whether judges can revive late TCPA rulings

The Supreme Court of Texas heard argument in First Sabre Capital Management v. Farmland Partners (No. 230634) over whether Texas trial courts have authority to reconsider motions under the Texas Citizens Participation Act (TCPA) after those motions are “denied by operation of law” for missing the statute’s 30‑day deadline, and over the preclusive effect of findings by a Colorado federal court.

Why it matters: The court’s decision could change when defendants can seek early dismissal, whether trial judges may later revive belated rulings, and which fees or appeals rights follow — issues that shape litigation strategy and exposure to attorney’s fees in defamation and related suits.

Petitioners’ counsel argued that district courts should be able to revisit earlier rulings and correct errors, and that narrow timing rules should not force parties to pursue appellate relief when a court intended the same result a few days after the statutory deadline. “I think at bottom, this case boils down to a couple of very intuitive and basic principles with some big implications for Texas jurisprudence,” petitioners’ counsel told the court, arguing judges must be able to correct errors and that the 30‑day deadline should not put the statute’s entire burden on the party the TCPA is meant to protect.

Respondent’s…