UNIVISION COMMUNICATIONS INC v. LAM (2022)

District Court of Appeal of Florida, Third District.

UNIVISION COMMUNICATIONS INC., et al., Petitioners, v. Carlos Enrique Luna LAM, et al., Respondents.

No. 3D22-1790

Decided: November 02, 2022

Before FERNANDEZ, C.J., and EMAS, and MILLER, JJ.

Podhurst Orseck, P.A., Stephen F. Rosenthal, Peter Prieto, Alissa Del Riego, and Christina H. Martinez, for petitioners. Nelson Mullins Broad and Cassel, Beverly Pohl (Fort Lauderdale), Mark F. Raymond, and Amy Steele Donner, for respondents.

Petitioners seek certiorari review of a non-final order denying their joint motion to dismiss a defamation complaint filed by respondents in the circuit court. We write only to address the contention the lawsuit falls within the ambit of section 768.295, Florida Statutes (2022), which prohibits Strategic Lawsuits Against Public Participation (SLAPP) as “inconsistent with the right of persons to exercise ․ free speech in connection with public issues.” § 768.295(1), Fla. Stat. Bound by our recent decision in Vericker v. Powell, 343 So. 3d 1278 (Fla. 3d DCA 2022), we are constrained to dismiss the petition. But cf. Davis v. Mishiyev, 339 So. 3d 449, 452 (Fla. 2d DCA 2022) (finding certiorari review was appropriate to review order denying motion to dismiss SLAPP suit); Baird v. Mason Classical Acad., Inc., 317 So. 3d 264, 267–68 (Fla. 2d DCA 2021) (same); Gundel v. AV Homes, Inc., 264 So. 3d 304, 310–11 (Fla. 2d DCA 2019) (same).

Petition dismissed.

PER CURIAM.

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