Univision Communications, Inc. v. Carlos Enrique Luna Lam
After the Florida Supreme Court adopted rule 9.130(a)(3)(J) (interlocutory appeals of orders denying Anti-SLAPP motions), Univision filed a motion for judgment on the pleadings that the trial court found substantively identical to its earlier, denied motion to dismiss; the court struck the motion under Rule of General Practice and Judicial Administration 2.515 as lacking good grounds and interposed for delay. The Third District dismissed the appeal, holding an order striking (rather than denying) an Anti-SLAPP motion is not within rule 9.130(a)(3)(J), and denied certiorari and mandamus, holding rule 9.130(a)(3)(J) is not retroactive and that rule 2.515 authority to strike is not suspended merely because adjudication would create an appealable nonfinal order. Judge Logue dissented in part, arguing the striking device circumvented the Supreme Court's constitutional authority to authorize interlocutory appeals.
Key facts
- Univision Communications, Inc. filed a motion for judgment on the pleadings against Carlos Enrique Luna Lam, which the trial court found substantively identical to Univision's earlier denied motion to dismiss.
- The trial court struck Univision's motion under Rule 2.515 as lacking good grounds and interposed for delay, rather than denying it on the merits.
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Why it matters
This is the first Florida decision addressing the interplay between the new Anti-SLAPP interlocutory appeal rule 9.130(a)(3)(J) and a trial court's rule 2.515 authority to strike filings, and it confirms that 'struck'… — full analysis with a trial
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