Beasley Media Group v. Mishiyev
Obtained anti-SLAPP dismissal for Tampa radio station and DJ against a rival DJ’s defamation claims because, the judge explained, the “alleged speech at issue is nothing more than the typical banter expected in the radio industry,” i.e., “back-and-forth exchanges between rival DJs and others in which Plaintiff himself engages.” Mishiyev v. Davis, Case No. 20-CA-8301 (Fla. 13th Jud. Cir. May 20, 2023).
The dismissal came after the Second DCA granted a petition for certiorari finding the trial court erred by dismissing the anti-SLAPP motion without any findings or reasoning. The appellate court reaffirmed the heightened pleading and proof standard to oppose a motion to dismiss under Florida’s anti-SLAPP law, and found “[t]he unelaborated order of dismissal suggests that the trial court denied the motion utilizing an incorrect motion-to-dismiss standard." Davis v. Mishiyev, 339 So. 3d 449 (Fla. 2d DCA 2022).