Metropolitan News-Enterprise


Thursday, August 29, 2019


Page 3


More Than 2,000 Words Used To Explain Dismissing Appeal


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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