In Re: Amendments to Florida Rule of Appellate Procedure 9.130
The Florida Supreme Court unanimously amended Rule of Appellate Procedure 9.130 to add subdivision (a)(3)(J), creating a right of interlocutory appeal — previously unavailable — when a trial court denies a motion under any of Florida's three Anti-SLAPP statutes (§§ 718.1224, 720.304(4), or 768.295, Fla. Stat.). The amendment was issued in tandem with Vericker v. Powell (SC2022-1042) and took effect immediately. Civil practitioners defending clients against meritless suits targeting public participation now have an immediate appellate remedy to vindicate Anti-SLAPP protections before enduring the full cost of trial.
Key facts
- Florida's Anti-SLAPP framework appears in three statutes: § 718.1224 (condominium SLAPP suits), § 720.304(4) (HOA SLAPP suits), and § 768.295 (general SLAPP prohibition), each authorizing a motion to dismiss or strike a suit filed to silence protected public participation.
- Before this amendment, rule 9.130(a)(3) enumerated only specific categories of nonfinal orders appealable by interlocutory appeal; Anti-SLAPP denials were not listed, leaving defendants without an immediate appellate remedy.
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Holdings
- Nonfinal orders denying Anti-SLAPP motions under §§ 718.1224(5), 720.304(4)(c), or 768.295(4) are now appealable to the district courts of appeal under rule 9.130(a)(3)(J).
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