Fabre v. Walton

Amalia Walton sought and obtained an abuse protection order against Sean Fabre. In response, Fabre filed a civil complaint against Walton asserting a single claim of abuse of process arising out of her application for the abuse protection order. Walton filed an unsuccessful special motion to dismiss pursuant to G. L. c. 231, § 59H (commonly known as the anti-SLAJPP statute), and appealed the denial of that motion to the county court pursuant to G. L. c. 211, § 3.

We decide two issues: first, whether there is a right to interlocutory appellate review when a trial judge denies a special motion…