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In enacting the anti-SLAPP statute, "the Legislature intended to immunize parties from claims 'based on' their petitioning activities. The decision does not resolve Ruggiero's claim against Giamarco, but merely indicates the manner in which the dispute is to proceed to resolution -- with, or without, a security bond. Absent such special authorization in rule or statute, an appellate court will reject attempts to obtain piecemeal review of rulings that do not represent final disposition on the merits. Giamarco performed dental work negligently Page and caused her damage.

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Nor does the tribunal's decision interfere with Giamarco's rights in a way that cannot be remedied on appeal. The single justice denied Giamarco's petition and declined to grant leave to take an interlocutory appeal. Indeed, the very focus of the tribunal's decision is the likely merits of Ruggiero's action. Practice, Civil, Interlocutory appeal.

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Another is the doctrine of present execution. Instead, the plaintiff must file the required bond and try the case to conclusion before seeking appellate review, or he runs the risk of being out of court entirely.

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If the putative plaintiff fails to post the bond, his suit is dismissed without any recourse if he is ultimately proved wrong on appeal. No statutory right of appeal. Giamarco now seeks to appeal directly from the tribunal order entered in the Superior Court. Under that doctrine, immediate appeal of an interlocutory order is permitted if the order appealed from is "collateral" to the merits of the controversy and interferes with rights in a way that cannot be remedied on appeal from the final judgment.

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Glixman, supra at The tribunal requirement applies to all treatment related claims, whether in tort, in contract, or under G. There are limited exceptions to the rule against immediate appellate review of interlocutory rulings. After posting a bond and going to trial and losing, a plaintiff may have the tribunal's decision addressed on appeal along with any other alleged errors at trial.

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Rather, the statute affords only the limited security of a bond against certain costs of defending a claim that the tribunal has screened out preliminarily as a nonmeritorious, "unfortunate medical result. Instead, the plaintiff must file the required bond and try the case to conclusion before seeking appellate review, or he runs the risk of being out of court entirely. The decision does not resolve Ruggiero's claim against Giamarco, but merely indicates the manner in which the dispute is to proceed to resolution -- with, or without, a security bond.

Case opinion for MA Court of Appeals RUGGIERO v. GIAMARCO. Read the Court's full decision on FindLaw. This organization is not BBB accredited. Plumber in Columbus, OH. See BBB rating, reviews, complaints, & more. Discover the meaning of the Giamarco name on Ancestry. Find your family's average life expectancy, most common occupation, and more.

Posted by: | on October 2, 2012

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After considering Ruggiero's offer of proof, the tribunal concluded that her complaint, if properly substantiated, raised a legitimate question of liability worthy of judicial inquiry. Instead, the statute itself describes the consequences that attach after the tribunal's screening. If the tribunal's decision is against the prospective plaintiff, he must file a bond in a specified amount as security against certain costs should he not prevail at trial.

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After considering Ruggiero's offer of proof, the tribunal concluded that her complaint, if properly substantiated, raised a legitimate question of liability worthy of judicial inquiry. After posting a bond and going to trial and losing, a plaintiff may have the tribunal's decision addressed on appeal along with any other alleged errors at trial.

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5 Commentsto Giamarco

  1. Kazrabei says:

    In conducting its preliminary screening, the tribunal is to examine the proffer with a "permissibly indulgent reading" in favor of the plaintiff. O'Shea for the defendant.

  2. Yolmaran says:

    When a motion to dismiss under the anti-SLAPP statute is denied, invocation of the doctrine of present execution to permit immediate appellate review preserves the statutorily granted right to immunity.

  3. Nadal says:

    Following transfer of the case to the Superior Court Department, a medical malpractice tribunal report was entered by Thomas R. After posting a bond and going to trial and losing, a plaintiff may have the tribunal's decision addressed on appeal along with any other alleged errors at trial.

  4. Sasida says:

    Under that doctrine, immediate appeal of an interlocutory order is permitted if the order appealed from is "collateral" to the merits of the controversy and interferes with rights in a way that cannot be remedied on appeal from the final judgment. When a motion to dismiss under the anti-SLAPP statute is denied, invocation of the doctrine of present execution to permit immediate appellate review preserves the statutorily granted right to immunity.

  5. Shaktill says:

    Rosenthal, supra at n.

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