Kevin Vericker v. Norman Christopher Powell

Summary

The Florida Supreme Court held that certiorari is not available to immediately review the denial of an Anti-SLAPP motion because continued litigation generally does not constitute irreparable harm. The court approved the Third District’s decision and disapproved conflicting Second District decisions to the extent inconsistent. It also amended Florida Rule of Appellate Procedure 9.130 through a separate opinion to authorize interlocutory review of qualifying orders denying Anti-SLAPP motions.

Holdings

1. The denial of an Anti-SLAPP motion, by itself, does not cause the irreparable harm required for certiorari review. A district court therefore lacks a proper certiorari basis to immediately review such an order absent some independent showing satisfying the extraordinary certiorari standard.
2. Florida's Anti-SLAPP statute does not provide traditional immunity from suit or a comparable absolute right to be free from litigation.
3. Nonfinal orders denying qualifying motions under sections 718.1224(5), 720.304(4)(c), or 768.295(4), Florida Statutes (2024), should be immediately reviewable under Florida Rule of Appellate Procedure 9.130(a)(3).

Questions Presented

1. Whether a district court of appeal has certiorari jurisdiction to immediately review a nonfinal order denying a motion under Florida's Anti-SLAPP statute.
2. Whether Florida's Anti-SLAPP statute creates traditional immunity from suit or a comparable right whose denial constitutes irreparable harm sufficient to support certiorari review.
3. Whether interlocutory review of nonfinal orders denying qualifying Anti-SLAPP motions should be authorized by amendment to Florida Rule of Appellate Procedure 9.130.

Disposition

approved