CONNOLLY v. SULLIVAN

No. 09-P-597.

76 Mass. App. Ct. 316 (2010)

MICHAEL J. CONNOLLY v. MARY K. SULLIVAN.

Appeals Court of Massachusetts, Norfolk.

February 23, 2010.


Attorney(s) appearing for the Case

Joseph D. Kropp for the defendant.

Paul F. Cavanaugh for the plaintiff.

Present: BERRY, MILLS, & VUONO, JJ.


MILLS, J.

We must determine whether a plaintiff's voluntary dismissal of his complaint, see Mass.R.Civ.P. 41(a)(1)(i), 365 Mass. 803 (1974), deprives the Superior Court the authority to award fees under the "anti-SLAPP" ("strategic litigation against public participation") statute, G. L. c. 231, § 59H. We agree with the motion judge's conclusion that she lacked such authority in these circumstances.

Background. Michael J. Connolly, the plaintiff...

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