Smith v. Supple

Summary

The court held that a trial court’s denial of an anti-SLAPP special motion to dismiss is an immediately appealable final judgment when the defendant presents a colorable claim of a statutory right to avoid litigation. The court reasoned that the anti-SLAPP statute protects against the irretrievable loss of avoiding costly litigation and therefore falls within the second prong of the final-judgment test. Because the defendants asserted a colorable association-based claim concerning a matter of public concern, the court transferred the appeal to the Appellate Court for further proceedings.