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Franco v. Cronfel

Because this court finds no reversible error, it affirms the judgment of the trial court denying appellant's no-evidence and traditional motions for summary judgment and orders appellant to pay all costs and reasonable attorney's fees of the appeal in an amount to be determined by the trial court. Austin Court of Appeals, No. 03-09-00494-CV, 03-12-2010

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OPINION

Gilbert Franco posted a review of legal services provided by Guillermo Ochoa-Cronfel on the website www.RipoffReport.com (“Ripoff Report”). Ochoa-Cronfel sued Franco for defamation. See Tex. Civ. Prac. & Rem. Code Ann. § 73.001 (West 2005). Franco filed several motions for summary judgment. The trial court granted Franco’s partial motion asserting that Ochoa-Cronfel was a public official as a matter of law and denied Franco’s no-evidence and traditional motions asserting that Ochoa-Cronfel had failed to raise a fact issue on the element of actual malice. Franco now appeals the trial court’s denial of his no-evidence and traditional motions, arguing in two issues on appeal that (1) Ochoa-Cronfel did not raise a fact issue with regard to the element of actual malice and (2) the trial court should not have considered Ochoa-Cronfel’s affidavit. On cross-appeal, Ochoa-Cronfel challenges the granting of Franco’s partial motion, arguing that the trial court erred in its determination that Ochoa-Cronfel qualified as a public official. We affirm the trial court’s order denying Franco’s no-evidence and traditional motions for summary judgment and dismiss Ochoa-Cronfel’s cross-appeal for want of jurisdiction.

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