Gilbert Bernard v. The State of Florida

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that nonmovant did not meet its burden when it failed to establish one element of claim
• holding that when it is clear from nonmovant's pleadings that the action is covered by TCPA, movant \need show no more\
• holding that because basis of a legal action is determined by plaintiff's allegations, not defendant's admissions or denials, defendant who denies making communication may still move for dismissal under TCPA
• recognizing that the plaintiff's allegations are the best evidence to determine the nature of a legal action and the applicability of the TCPA
• holding that “the court shall consider the pleadings as well as affidavits” in determining whether the action is covered by the TCPA (internal quotations and emphasis omitted)
• concluding that movant only had to demonstrate that nonmovant’s legal action was based on movant’s alleged communication—movant did not have to concede that communication actually occurred to invoke TCPA protection

Source: CourtListener parenthetical corpus (CC0).