The issue in this dispute over a mineral lease targeted for alleged failure to produce is whether Lona Hills Ranch, which sued to terminate the lease, may dismiss breach-of-contract counterclaims under the Texas Citizens Participation Act, arguing that by telling third-party buyers the lease lapsed it exercised free-speech rights involving a matter of public concern.

These cases, consolidated for briefing, raise two issues. First, they concern whether misnumbering and misfiling a timely motion for new trial constitutes proper grounds for dismissal of the subsequent appeal as untimely. Second, they address whether transferee courts of appeals should apply principles of horizontal stare decisis when identifying a transferor court's controlling precedent.

These cases, consolidated for briefing, raise two issues. First, they concern whether misnumbering and misfiling a timely motion for new trial constitutes proper grounds for dismissal of the subsequent appeal as untimely. Second, they address whether transferee courts of appeals should apply principles of horizontal stare decisis when identifying a transferor court's controlling precedent.