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Try CasePortal for FreeJ. Pedersen finds in this interlocutory appeal that the lower court improperly denied the appellant's dismissal motion by operation of law. The appellant sought to dismiss a counterclaim in this case regarding a will pursuant to the Texas Citizens Participation Act. The appellees failed to demonstrate a prima facie case of their claim regarding the will's in terrorem clause. Accordingly, the case is remanded for further proceedings. Reversed.
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