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Novick v. Mango's Tropical Café, LLC

District Court of Appeal of Florida, Third District.
Aug 31, 2022
347 So. 3d 472 (Fla. Dist. Ct. App. 2022)

Opinion

No. 3D22-876

08-31-2022

Mitchell Scott NOVICK, Petitioner, v. MANGO'S TROPICAL CAFÉ, LLC, Respondent.

Wicker Smith O'Hara McCoy & Ford, P.A., and Brandon J. Hechtman ; and The Law Offices of Kent Harrison Robbins, P.A. and Kent Harrison Robbins, for petitioner. Pathman Schermer Tandy, LLP and Aaron W. Tandy, for respondent.


Wicker Smith O'Hara McCoy & Ford, P.A., and Brandon J. Hechtman ; and The Law Offices of Kent Harrison Robbins, P.A. and Kent Harrison Robbins, for petitioner.

Pathman Schermer Tandy, LLP and Aaron W. Tandy, for respondent.

Before SCALES, HENDON and GORDO, JJ.

HENDON, J. Mitchell Scott Novik seeks to quash a non-final order of the trial court denying his motion to dismiss Mango's Tropical Café, LLC's counterclaim for business disparagement pursuant to section 768.295, Florida Statutes (2022). We dismiss the petition for certiorari for lack of jurisdiction. Vericker v. Powell, No. 3D22-645, ––– So.3d ––––, –––– – ––––, 2022 WL 3221457, at *1–2 (Fla. 3d DCA Aug. 10, 2022). We follow the Vericker court in certifying conflict with Davis v. Mishiyev, 339 So. 3d 449 (Fla. 2d DCA 2022), Baird v. Mason Classical Acad., Inc., 317 So. 3d 264 (Fla. 2d DCA 2021), and Gundel v. AV Homes, Inc., 264 So. 3d 304 (Fla. 2d DCA 2019).

Section 768.295 of the Florida Statutes, titled "Strategic Lawsuits Against Public Participation (SLAPP) prohibited" and commonly known as Florida's Anti-SLAPP statute, prohibits lawsuits that "are inconsistent with the right of persons to exercise such constitutional rights of free speech in connection with public issues." § 768.295(1), Fla. Stat. (2021).

Petition dismissed, conflict certified.


Summaries of

Novick v. Mango's Tropical Café, LLC

District Court of Appeal of Florida, Third District.
Aug 31, 2022
347 So. 3d 472 (Fla. Dist. Ct. App. 2022)
Case details for

Novick v. Mango's Tropical Café, LLC

Case Details

Full title:Mitchell Scott NOVICK, Petitioner, v. MANGO'S TROPICAL CAFÉ, LLC…

Court:District Court of Appeal of Florida, Third District.

Date published: Aug 31, 2022

Citations

347 So. 3d 472 (Fla. Dist. Ct. App. 2022)