Only if the appeal is substantive. I honestly doubt that. Maybe it could happen, idk.
Any appeal is going to have a written opinion, and as it addresses the relatively new TCPA, it's almost certain to be substantive. TCPA cases are all over the map and almost all of them create new law.
I don't think a case has to be appealed to be cited in other cases...
@AnOminous will correct me if I'm wrong, I'm sure.
There are two kinds of precedent set by the intermediate appellate courts of Texas, such as the 2nd Court of Civil Appeals in Fort Worth, which is going to hear any appeals relating to this case. One is "published" and the other is "unpublished" (there are "memorandums" and "opinions" as well but the first distinction is what is important).
"Published" opinions are of clear precedential value and are often published in a reporter such as the Southwest Reporter and have a citation format that can be used to cite them. However, since 2003, even opinions designated as "unpublished" are actually published for the purpose of being cited by the in state format. Texas Rule of Appellate Procedure 47.7(b) (doing away with the significance of the "unpublished" designation).
So any written appellate decision at all on this (other than declining without explanation to hear an interlocutory appeal) will be citable and have precedential value of some sort, being at least binding on the lower courts (such as Judge Chupp's) and as persuasive authority to trial courts and other appellate courts.
An unpublished trial court opinion, though, written or not, is of very limited persuasive value and not a "precedent" as such.
I fully expect appeals, though, and they touch on issues other appeals courts have addressed in contradictory ways, and thus, I would not be at all surprised at a published intermediate appellate decision or even a Texas Supreme Court appeal.
