Phuong Nguyen AND E-2 Optics, LLC AND Southwest Networks, Inc. v. Able Communications, Inc. ( 2020 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-19-00069-CV
PHUONG NGUYEN AND E-2 OPTICS, § On Appeal from the 236th District Court
LLC AND SOUTHWEST NETWORKS,
INC., Appellants
§ of Tarrant County (236-298983-18)
V.
§ April 30, 2020
ABLE COMMUNICATIONS, INC.,
Appellee § Opinion by Justice Wallach
JUDGMENT
This court has considered the record on appeal in this case and holds that there
was error in the trial court’s judgment. We reverse the trial court’s denial of
Appellants’ motions to dismiss under the TCPA except as to the fraud by
nondisclosure claim against Appellant Phuong Nguyen. We remand this case for the
trial court to render a judgment of dismissal as to all of Appellee ABLe
Communications, Inc.’s claims against Appellants E-2 Optics, LLC and Southwest
Networks, Inc. and all claims against Nguyen except ABLe’s claims for breach of
contract and fraud by nondisclosure and for further proceedings consistent with this
opinion.
It is further ordered that Appellee ABLe Communications, Inc. shall pay all of
the costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Mike Wallach___________________
Justice Mike Wallach