In a closely watched case involving free speech and defamation law, the Florida Supreme Court ruled Thursday that litigants cannot use certiorari—a special form of appellate review—to immediately challenge the denial of an Anti-SLAPP motion in state courts. However, the court simultaneously amended procedural rules to allow future appeals of such rulings through a more formal appellate process.
The case, Kevin Vericker v. Norman Christopher Powell, centered on blog posts authored by Vericker, a Miami-area political commentator who criticized Powell after his appointment as attorney for North Bay Village. Powell responded with a defamation lawsuit, prompting Vericker to file a motion to dismiss under Florida’s Anti-SLAPP law, arguing the suit was a retaliatory effort to suppress constitutionally protected speech.
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After a lower court denied the motion, Vericker sought a writ of certiorari—a limited legal remedy available only in rare cases involving irreparable harm. The Third District Court of Appeal denied the request, prompting Vericker to appeal to the state’s highest court.
In a 13-page majority opinion authored by Justice Grosshans, the Court upheld the Third District’s decision, rejecting Vericker’s claim that the Anti-SLAPP statute provides immunity from suit. The Court found that while the statute aims to protect free speech and calls for “expeditious resolution” of SLAPP (Strategic Lawsuits Against Public Participation) claims, it does not confer legal immunity akin to other Florida laws that permit immediate appeal.
“Florida’s Anti-SLAPP statute does not use the word ‘immunity’ or words with comparable meaning,” the opinion stated. “To prevail on an Anti-SLAPP claim, a defendant must show the lawsuit is without merit and brought primarily because of protected speech — a determination that may require factual development.”
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However, in a major procedural development, the Court simultaneously issued a separate opinion amending Rule 9.130(a)(3) of the Florida Rules of Appellate Procedure. That change will now allow interlocutory (mid-case) appeals of nonfinal orders denying Anti-SLAPP motions, giving future defendants a new tool to challenge defamation or similar lawsuits at an earlier stage.
“We agree that immediate review of nonfinal orders denying qualifying Anti-SLAPP motions conforms to the Legislature’s direction that such claims be resolved ‘at the earliest possible time,’” the Court stated.
The ruling resolves a conflict among Florida’s appellate courts. The Second District Court of Appeal had previously held that Anti-SLAPP denials warranted immediate review through certiorari, while the Third and Fourth Districts ruled otherwise. The Florida Supreme Court’s decision disapproves the Second District’s holdings in Gundel v. AV Homes, Inc., Baird v. Mason Classical Academy, and Davis v. Mishiyev, affirming that certiorari is not appropriate in these cases.
Justice Charles Canady dissented, arguing that denial of an Anti-SLAPP motion should qualify as irreparable harm because of the potential chilling effect on free speech. He emphasized that the statutory purpose of the law—quickly disposing of meritless lawsuits targeting protected expression—could not be fulfilled without some form of immediate judicial review.
“The chilling effect on the speech of a defendant falling under the Anti-SLAPP statute constitutes the irreparable harm that establishes jurisdiction,” Canady wrote.
Though Vericker will not receive relief through certiorari, the rule change offers a clearer path forward for others seeking to invoke Florida’s Anti-SLAPP protections in future lawsuits.
The new appellate rule takes effect immediately, reshaping how courts across Florida handle lawsuits that may threaten free speech in matters of public concern.
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