Opinion
No. 11–P–1793.
2012-06-19
GARGANO & ASSOCIATES, P.C., & another v. Christopher N. HUG.
By the Court (TRAINOR, SMITH & MEADE, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
Paul A. Gargano, individually, and Gargano & Associates, P.C. (collectively, Gargano), brought an action against the defendant, Christopher N. Hug, for defamation, slander, publication of injurious falsehoods, and unfair competition in violation of G.L. c. 93A. The counts arose out of alleged statements made by Hug either in his successful complaint against Gargano, or before the Board of Bar Overseers.
Hug filed a special motion to dismiss pursuant to G.L. c. 231, § 59H. A Superior Court judge allowed the motion to dismiss on the grounds that the action against Hug was based solely upon his right to petition. See Duracraft Corp. v. Holmes Prods. Corp., 427 Mass. 156, 167–168 (1998). The motion judge also awarded mandatory attorney's fees. Gargano has appealed.
Gargano has been indefinitely suspended from the practice of law. See Matter of Gargano, 460 Mass. 1022 (2011).
For the reasons stated in the motion judge's excellent memorandum of decision, and the reasons stated in Hug's appellate brief, we affirm.
Because this appeal is absolutely frivolous, we award double appellate attorney's fees and double costs to Hug. See Ashford v. Massachusetts Bay Transp. Authy., 421 Mass. 563, 568–569 (1995). Within ten days after of the date of the rescript, Hug is to submit an affidavit documenting his appellate attorney's fees and costs. See Fabre v. Walton, 441 Mass. 9, 10–11 (2004). Gargano will have ten days thereafter to respond. Ibid.
Judgment affirmed.