GARY PASTORELLA
v.
DAVID SINGER
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A nonfinal order denying a motion to dismiss under Florida's Anti-SLAPP statute is not subject to appellate review by certiorari or under Florida Rule of Appellate Procedure 9.130.
[1] A nonfinal order denying a motion to dismiss under Florida's Anti-SLAPP statute is not subject to interlocutory review by certiorari petition under Florida Rule of Appell…
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Join FLexlaw to unlock all legal intelligencePetitioners sought certiorari review of a circuit court order denying their motion to dismiss based on Florida's Anti-SLAPP statute, section 768.295(4…
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Third District Court of Appeal
State of Florida
Opinion filed August 16, 2023. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-1238 Lower Tribunal No. 20-27623
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Gary Pastorella, et al.,
Petitioners,
vs.
David Singer,
Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge. Kuehne Davis Law, P.A., and Benedict P. Kuehne, Michael T. Davis and Johan Dos Santos, for petitioners. Michael A. Pizzi, Jr., P.A., and Michael A. Pizzi, Jr., for respondent. Before EMAS, GORDO and BOKOR, JJ. EMAS, J.
Petitioners seek certiorari review of a nonfinal order denying their
motion to dismiss pursuant to Florida's Anti-SLAPP statute, section
768.295(4), Fla. Stat. (2022). Upon consideration, we dismiss the petition
for lack of jurisdiction, based upon our earlier decision in Vericker v. Powell,
343 So. 3d 1278 (Fla. 3d DCA 2022)1 (dismissing petition for lack of
jurisdiction, holding that a nonfinal order denying a motion for summary
judgment premised on Florida's Anti-SLAPP statute is not subject to review
as a nonfinal order under Florida Rule of Appellate Procedure 9.130 or by
certiorari).2 Jupiter Island Compound, LLC, 341 So. 3d
353 (Fla. 4th DCA 2022); WPB Residents for Integrity in Gov’t, Inc. v.
Materio, 284 So. 3d 555 (Fla. 4th DCA 2019).
And, as we did in Vericker, we certify conflict with 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); and Davis v. Mishiyev, 339 So. 3d
449 (Fla. 2d DCA 2022).
Petition dismissed; conflict certified.
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Davis v. Mishiyev, 339 So. 3d 449 (Fla. 2d DCA 2022)…essly disagrees with this court as to whether a petitioner can establish irreparable harm from an order denying a motion to dismiss a SLAPP suit for purposes of obtaining certiorari review. See WPB Residents for Integrity in Gov't, Inc. v. Materio, 284 So. 3d 555, 559-61 (Fla. 4th DCA 2019) (certifying conflict with Gundel). Thus we certify conflict with Materio as to this issue only. But having concluded in accordance with this district's case law that irreparable harm has been established where a trial co…
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Logue v. Book, 297 So. 3d 605 (Fla. 4th DCA 2020)…ssue presented by this case is of exceptional importance. Recently, cases have surfaced where politicians have attempted to use the court system to stifle political opposition. See, e.g., WPB Residents for Integrity in Gov’t, Inc. v. Materio, 284 So. 3d 555 (Fla. 4th DCA 2019); Concerned Citizens for Judicial Fairness v. Yacucci, 162 So. 3d 68 (Fla. 4th DCA 2014). There have also been the similar cases involving the right to petition the government, see, e.g., Hurchalla v. Lake Point Phase I, LLC,…
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Lee v. Animal Aid, Inc., 388 So. 3d 25 (Fla. 4th DCA 2024)…tional right of free speech in connection with a public issue.’” Bongino v. Daily Beast Co., No. 19-14472-CIV, 2021 WL 4976287, at *4 (S.D. Fla. Feb. 9, 2021) (quoting § 768.295(3), Fla. Stat); WPB Residents for Integrity in Gov’t, Inc. v. Materio, 284 So. 3d 555, 558 (Fla. 4th DCA 2019) (“A SLAPP is a ‘lawsuit, cause of action, claim, crossclaim, or counterclaim’ filed against a person or entity that is ‘without merit’ and filed ‘primarily because’ the person or entity engaged in the exercise of a right pro…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities 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)
- Vericker v. Powell, 343 So. 3d 1278 (Fla. 3d DCA 2022)