MITCHELL SCOTT NOVICK,
v.
MANGO'S TROPICAL CAFE, LLC,
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A petition for writ of certiorari cannot be used to challenge a non-final trial court order denying a motion to dismiss a counterclaim under Florida's Anti-SLAPP statute.
[1] A non-final trial court order denying a motion to dismiss a counterclaim under Florida's Anti-SLAPP statute is not subject to review by petition for writ of certiorari.
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Join FLexlaw to unlock all legal intelligenceMitchell Scott Novick sought to quash a non-final order from the trial court denying his motion to dismiss Mango's Tropical Café, LLC's counterclaim f…
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Third District Court of Appeal State of Florida
Opinion filed August 31, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-876 Lower Tribunal No. 19-19868 ________________
Mitchell Scott Novick, Petitioner,
vs.
Mango's Tropical Café, LLC, Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami- Dade County, Valerie R. Manno Schurr, Judge.
Wicker Smith O'Hara McCoy & Ford, P.A., and Brandon J. Hechtman; and The Law Offices of Kent Harrison Robbins, P.A. and Kent Harrison Robbins, for petitioner.
Pathman Schermer Tandy, LLP and Aaron W. Tandy, for respondent.
Before SCALES, HENDON and GORDO, JJ.
HENDON, J.
2
Mitchell Scott Novik seeks to quash a non-final order of the trial court denying his motion to dismiss Mango’s Tropical Café, LLC’s counterclaim for business disparagement pursuant to section 768.295, Florida Statutes (2022).1 We dismiss the petition for certiorari for lack of jurisdiction. Vericker v. Powell, No. 3D22-645, 2022 WL 3221457, at *1–2 (Fla. 3d DCA, Aug. 10, 2022). We follow the Vericker court in certifying conflict with Davis v. Mishiyev, 339 So. 3d 449 (Fla. 2d DCA 2022), Baird v. Mason Classical Acad., Inc., 317 So. 3d 264 (Fla. 2d DCA 2021), and Gundel v. AV Homes, Inc., 264 So. 3d 304 (Fla. 2d DCA 2019).
Petition dismissed, conflict certified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gundel v. Av Homes, Inc., 264 So. 3d 304 (Fla. 2d DCA 2019)
- Baird v. Mason Classical Acad., Inc., 317 So. 3d 264 (Fla. 2d DCA 2021)
- Davis v. Mishiyev, 339 So. 3d 449 (Fla. 2d DCA 2022)