FABRE v. WALTON


436 Mass. 517 (2002)

SEAN FABRE v. AMALIA WALTON & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 12, 2002.


Attorney(s) appearing for the Case

John P. Fulginiti (Ann Wagner with him) for the defendant.

Bruce T. Macdonald for the plaintiff.

William J. Meade, Assistant Attorney General, for the intervener.

The following submitted briefs for amici curiae: Sarah R. Wunsch for American Civil Liberties Union of Massachusetts.

Wendy J. Murphy, Marilyn Lee-Tom, & Allan Rodgers for Jane Doe, Inc., & others.

Pauline Quirion & Jamie Ann Sabino for The Women's Bar Association of Massachusetts & another.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


CORDY, J.

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-SLAPP statute), and appealed the denial of that motion to the county court pursuant to G. L...

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