slapp defendant (Florida) · Go Syfert
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slapp defendant in Florida

6 Florida opinions name it 1 courts 2019–2026 5 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
NORMAN GUNDEL v. AV HOMES, INC. AND AVATAR PROPERTIES, INC.green
fladistctapp · 2019 · cited in 2 Florida opinions naming this issue, 2023–2025
2 sentences

2025Id. at 450, 453 ; see generally Gundel v. AV Homes, Inc., 264 So. 3d 304, 314 (Fla. 2d DCA 2019) (explaining that the SLAPP defendant must "set forth a prima facie case that the Anti-SLAPP statute applies and then" the burden shifts "to the claimant to demonstrate that the claims are not 'primarily' based on First Amendment rights in connection with a public issue and not 'without 3 merit' ").

2023The trial court must employ a burden-shifting analysis whereby the initial burden is on the SLAPP defendant to establish that the Anti-SLAPP statute applies, and once the defendant has done so, the burden shifts "to the claimant to demonstrate that the claims are not 'primarily' based on First 2 The trial court treated the motion only as a motion to dismiss, finding that summary judgment was "inappropriate, as [Mr. Godwin] ha[d] submitted no supporting evidence." Although Mr. Godwin has argued that the court departed from the essential requirements of law in making that finding, we decline to

12
Gordon v. Fishmangreen
fladistctapp · 2018 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026Cf. Vericker v. Powell, 406 So. 3d 939 , 944–45 (Fla. 2025) (acknowledging Florida's Anti-SLAPP statute's stated purpose of safeguarding the exercise of free speech rights by expeditiously disposing of prohibited lawsuits but holding that a denial of an anti-SLAPP motion to dismiss did not, in itself, justify certiorari relief); Coates v. R.J. 12 Reynolds Tobacco Co., 365 So. 3d 353 , 354 (Fla. 2023) (" '[T]he words of a governing text are of paramount concern, and what they convey, in their context, is what the text means.' . . . [W]e do not add words to a statute in the guise of interpreting

11
Jacob Thomas Gaulden v. State of Floridagreen
fla · 2016 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026Cf. Vericker v. Powell, 406 So. 3d 939 , 944–45 (Fla. 2025) (acknowledging Florida's Anti-SLAPP statute's stated purpose of safeguarding the exercise of free speech rights by expeditiously disposing of prohibited lawsuits but holding that a denial of an anti-SLAPP motion to dismiss did not, in itself, justify certiorari relief); Coates v. R.J. 12 Reynolds Tobacco Co., 365 So. 3d 353 , 354 (Fla. 2023) (" '[T]he words of a governing text are of paramount concern, and what they convey, in their context, is what the text means.' . . . [W]e do not add words to a statute in the guise of interpreting

11
Holland v. Anheuser Busch, Inc.green
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See U.S. Bank Nat'l Ass'n on Behalf of Holders of the Home Equity Asset Tr. 2002-4 Home Equity Pass-Through Certificates, Series 2002-4 v. Doepker, 223 So. 3d 1083, 1084 (Fla. 2d DCA 2017) (citing Holland v. Anheuser Busch, Inc., 643 So. 2d 621, 622-23 (Fla. 2d DCA 1994)).

11
Becker v. Clarkgreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Volkswagen Aktiengesellschaft v. Jones, 227 So. 3d 150, 155 (Fla. 2d DCA 2017) (discussing the shifting burden for motions to dismiss based on lack of personal jurisdiction); Becker v. Clark, 722 So. 2d 232, 233 (Fla. 2d DCA 1998) (discussing the shifting burden for motions to dismiss based on qualified immunity).

11
Volkswagen Aktiengesellschaft v. Jonesgreen
fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Volkswagen Aktiengesellschaft v. Jones, 227 So. 3d 150, 155 (Fla. 2d DCA 2017) (discussing the shifting burden for motions to dismiss based on lack of personal jurisdiction); Becker v. Clark, 722 So. 2d 232, 233 (Fla. 2d DCA 1998) (discussing the shifting burden for motions to dismiss based on qualified immunity).

11
U.S. Bank National Ass'n Ex Rel. Holders of the Home Equity Asset Trust 2002-4 Home Equity Pass-Through Certificates, Series 2002-4 v. Doepkergreen
fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See U.S. Bank Nat'l Ass'n on Behalf of Holders of the Home Equity Asset Tr. 2002-4 Home Equity Pass-Through Certificates, Series 2002-4 v. Doepker, 223 So. 3d 1083, 1084 (Fla. 2d DCA 2017) (citing Holland v. Anheuser Busch, Inc., 643 So. 2d 621, 622-23 (Fla. 2d DCA 1994)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Berisha v. Lawson green
flsd · 2018
2 sentences

2024Even if there had been an express finding by the trial court that Animal Aid’s suit violated the Anti- SLAPP statute—which there was not—the Anti-SLAPP statute “provides only for ‘attorney fees and costs incurred in connection with a claim that an action was filed in violation of this section’—in other words, fees and costs incurred in connection with the SLAPP motion itself.” Berisha v. Lawson, 378 F. Supp. 3d 1145 , 1157 n.8 (S.D.

2024Affirmed. 3 Even if there had been an express finding by the trial court that Animal Aid’s suit violated the Anti-SLAPP statute—which there was not—the Anti-SLAPP statute “provides only for ‘attorney fees and costs incurred in connection with a claim that an action was filed in violation of this section’—in other words, fees and costs incurred in connection with the SLAPP motion itself.” Berisha v. Lawson, 378 F. Supp. 3d 1145 , 1157 n.8 (S.D.

22024–2024

Statutes the citing opinions construe

FL § 768.295 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 1892 (1997–2026) NV 47 (2009–2026) MA 34 (2002–2026) OR 33 (2013–2026) GA 31 (2004–2026) ME 27 (2003–2025) WA 22 (2013–2025) TX 15 (2014–2024) MN 11 (2010–2017) DC 8 (2014–2024) CO 7 (2025–2026) VT 7 (2007–2025) IL 6 (2011–2023) FL 6 (2019–2026) CT 5 (2023–2025) RI 4 (2004–2016) IN 4 (2011–2025) NY 3 (1998–2024) GU 2 (2021–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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