From O'Rourke v. Warren, decided yesterday by the Texas Court of Appeals (Austin), Chief Justice Darlene Byrne, joined by Justices Gisela Triana and Edward Smith:
In the underlying proceeding, appellee Kelcy Warren sued appellant Robert Francis O'Rourke for defamation, alleging that O'Rourke legally defamed him by making statements during O'Rourke's gubernatorial campaign that equated Warren's political donations to Governor Greg Abbott with crimes. O'Rourke responded that the statements were not about Warren, and insofar as they mention Warren, were opinions that colloquially used the terms "bribery" and "corruption" consistent with the sharp language used in political campaigns….
The trial court allowed the case to go forward, but the Court of Appeals disagreed:
