Thursday, August 29, 2019
By a MetNews Staff Writer
Div. Two of the Fourth District Court of Appeal has dismissed an appeal from a nonappealable order, doing so in a 9½-page opinion which it certified for publication.
Justice Michael J. Raphael wrote the opinion in the case, Benton v. Benton. It appears at Page 1 of today’s S.O.S.
The defendants purported to appeal the denial of their anti-SLAPP motion. Raphael said such a denial is usually appealable but, under Code of Civil Procedure §425.17, it isn’t where the action is based on commercial speech.
Raphael said in Tuesday’s 2,337-word opinion:
“The trial court here expressly denied defendants’ anti-SLAPP ruling on the ground that ‘the commercial speech exemption under § 425.17 applies.’ We therefore need look no further to determine that we lack appellate jurisdiction over this appeal, and we must dismiss it.”
The jurist went on for another 992 words.
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