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3rd DCAAugust 16, 2023Petition Dismissed; Conflict Certified⚡ Circuit Split Resolved

Pastorella v. Singer

Case No. 3D2023-1238

Petitioners sought certiorari review of a nonfinal order denying their motion to dismiss under Florida's Anti-SLAPP statute, section 768.295(4). The Third District dismissed the petition for lack of jurisdiction, following its decision in Vericker v. Powell, and again certified conflict with the Second District's contrary decisions in Gundel, Baird, and Davis.

Key facts

  • Petitioners sought certiorari review of a nonfinal order denying their motion to dismiss under Florida's Anti-SLAPP statute, section 768.295(4).
  • The Third District Court of Appeal dismissed the petition for lack of jurisdiction, following its precedent in Vericker v. Powell and extending that holding to Anti-SLAPP motions to dismiss.
  • +2 more key facts with a free trial

Why it matters

This decision confirms that in the Third (and Fourth) Districts an Anti-SLAPP movant has no immediate interlocutory or certiorari route to challenge a denial — a key strategic constraint for defendants in defamation and… — full analysis with a trial

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