Newspaper Was Entitled to Summary Judgment in Defamation Suit
In Cox Newspapers, L.P. v. Penick, a media defendant's interlocutory appeal from an order partially denying summary judgment, the Third Court of Appeals has held that a former Bastrop County district attorney presented no evidence that one of several newspaper articles about a murder trial he prosecuted was "of and concerning" him (as required under New York Times v. Sullivan) or that the remaining articles were published with actual malice. Accordingly, the appellate court reversed that portion of the district court's order denying summary judgment on these articles and rendered judgment that the former district attorney take nothing from the newspaper.