DALE C. HOLNESS AND JUSTIN PORTER
v.
SHEILA CHERFILUS-MCCORMICK
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A district court of appeal lacks jurisdiction to review by certiorari a nonfinal order denying a motion to dismiss or for summary judgment under Florida's Anti-SLAPP statute.
[1] A district court of appeal lacks jurisdiction to review by certiorari a nonfinal order denying a motion to dismiss or for summary judgment under Florida's Anti-SLAPP stat…
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Join FLexlaw to unlock all legal intelligencePetitioners Holness and Porter sought certiorari review of a circuit court order denying their motion to dismiss or for summary judgment under Florida…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
DALE V.C. HOLNESS and JUSTIN PORTER, Petitioners,
v.
SHEILA CHERFILUS-MCCORMICK, Respondent.
No. 4D23-0002
[January 25, 2023]
Petition for writ of certiorari to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michele Towbin-Singer, Judge; L.T. Case No. CACE22-010656.
Eric A. Hernandez of Hernandez Lee Martinez., LLC, Miami, and Nnamdi S. Jackson of The Law Office of Nnamdi S. Jackson, P.A., Weston, for petitioners.
No appearance for respondent.
PER CURIAM.
Petitioners seek certiorari review of a nonfinal order denying their motion to dismiss or for summary judgment under Florida’s Anti-SLAPP statute. § 768.295(4), Fla. Stat. (2022).
We dismiss the petition for lack of jurisdiction. WPB Residents for Integrity in Gov’t, Inc. v. Materio, 284 So. 3d 555, 558–61 (Fla. 4th DCA 2019); Geddes v. Jupiter Island Compound, LLC, 341 So. 3d 353 (Fla. 4th DCA 2022); Vericker v. Powell, 343 So. 3d 1278, 1280 (Fla. 3d DCA 2022).
We certify conflict with Gundel v. AV Homes, Inc., 264 So. 3d 304 (Fla. 2d DCA 2019), Davis v. Mishiyev, 339 So. 3d 449 (Fla. 2d DCA 2022), and Baird v. Mason Classical Acad., Inc., 317 So. 3d 264 (Fla. 2d DCA 2021).
Petition dismissed; conflict certified.
GROSS, LEVINE and FORST, JJ., concur.
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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)
- Vericker v. Powell, 343 So. 3d 1278 (Fla. 3d DCA 2022)
- Anne Geddes v. Jupiter Island Compound, LLC, 47 Fla. L. Weekly D1039 (Fla. 4th DCA 2022)