Jesus Miranda v. Stephen Byles

DISSENTING OPINION

This is a family dispute over the reporting of the alleged sexual abuse of a three-year-old child to authorities and family members. The trial court awarded damages for defamation per se to the plaintiff, appellee, Stephen Byles, against appellant, Jesus Miranda, for two statements Jesus made to family members during the Department of Family Protective Services’ ("DFPS’s") investigation of an outcry made against Byles by Jesus’s great-niece, L.S., the granddaughter of Byles’s common-law wife and Jesus’s sister, Lisa Villareal. The majority affirms the trial court’s judgment awarding Byles $75,000 for defamation. I respectfully dissent. I would vacate the judgment of the trial court, render judgment that Jesus is immune from civil liability under Texas Family Code section 261.106, and dismiss the suit on the ground that the trial court lacked jurisdiction to enter the judgment awarded to Byles. Alternatively, I would reverse and render judgment that Byles take nothing.