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I thought it might be worth a quick look at this, since it's a decent chance to talk about a couple of things - first, at how many separate screwups Ty made, and second at how there can be many independent grounds for arriving at the same decision in law.
This is really a case where we can cover both those things together, since (as far as I can tell) every single independent ground for arriving at the decision to exclude the amended petition results from a Ty screwup.
Actually, there's one exception to that, now that I think of it, so let's start there:

(1) In the order dismissing the case, Judge Chupp indicated (and included a supporting citation) that he feels that any amendment after the filing of a TCPA motion is inappropriate.
If Judge Chupp is correct, that's a reason to throw out the 2nd Amended Petition (2AP).

However, that's not the result of a Ty screwup, it would just be a mistake about the law by the judge.
(2) At the hearing, the plaintiffs indicated that they wanted the 2AP to be treated as their response to the TCPA motion. However, there was a Rule 11 agreement with set deadlines. If the attempt to evade the contract they agreed to, that's a reason to exclude the 2AP.
That one would be on Ty for trying to rules lawyer a contract he had agreed to.

(3) At the hearing, the plaintiffs indicated that they had planned on amending after submitting their TCPA response, effectively forcing the defense to waste time on a reply to the TCPA response...
...before springing the 2AP on them about 24 hours before their reply deadline. If that constitutes an attempt to work a surprise on the defense under Tex R Civ P 63, that's grounds to exclude the 2AP.

And that would be on Ty for not understanding that the rules frown on that.
(4) If Volney's bench brief (and Judge Chupp) are correct about Rule 59 meaning what it says regarding exhibits, that's an independent reason to exclude the unsworn declarations even if the 2AP itself is accepted.

That's on Ty for not reading the rules.
(5) It was also pointed out at the hearing that the jurats on the unsworn declarations are defective. They're required, by law, to have certain information (like addresses) which Ty redacted - and Ty didn't try to file unredacted versions under seal.
If that's correct, that's another reason to exclude the unsworn declarations even if the 2AP is accepted. And that would also be on Ty for failing to read the rules.
So that's five independent legal arguments that would all have the same effect - the affidavits that Ty withdrew, then attempted to resubmit as part of the 2AP, don't make it into evidence.

How does this work on appeal?
It's very simple. It works like this:
In order to keep the Huber, Mignogna, and Slatosch affidavits from being admitted into evidence, the defense needs to win one of those five arguments.

To get them in, the plaintiff needs to win all five - and any others I might have missed.
I suppose, in the event that the appeals court holds that Judge Chupp is correct and any amendment after the filing of a TCPA motion is inappropriate, Ty could take some consolation from that being something he couldn't have predicted.

But the other four are entirely on Ty.
And, to be blunt, most of those grounds for excluding those affidavits look pretty solid. And the standard of review for at least some of those grounds is almost certainly abuse of discretion, which is a hard bar to clear on appeal.

Actually - postscript:

While it's unlikely that the 2AP will be admitted with its declarations, @OblivionVortex still hit the key point: bad as it is, that's still probably the best argument that Vic has on appeal.
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