Ohio Appeals Court Rejects Defamation Dismissal for Missing Anti-SLAPP Hearing

HURON COUNTY (LN) — The Sixth District Court of Appeals reversed a Huron County Common Pleas Court’s dismissal of a defamation claim Friday, ruling the trial court violated Ohio’s anti-SLAPP statute by failing to hold a mandatory hearing on the defendants’ motion to dismiss.

The court held that under R.C. Chapter 2747, the Uniform Public Expression Protection Act (UPEPA), a trial court must conduct a hearing within 60 days of filing an expedited motion to dismiss if the claim arises from speech on a matter of public concern.

Appellants Gilby’s Pizza Craven LLC and Bradley Gilbert filed the motion to dismiss after appellees David and Donna Lawrence sued them over online posts regarding a controversy over a purchase agreement.

The Lawrences, who operate Scoops and Brews at 78 Benedict Ave. next door to Gilby’s Pizza, alleged the defendants posted false and reckless statements on the Facebook page “the real talk of Norwalk” in April 2025.

The suit claimed the posts led to lost business and that the defendants’ comments prompted the public to question the Lawrences about the property at 64 Benedict Ave.

Gilby’s filed its motion to dismiss on September 26, 2025, arguing the defamation claim was based on the defendants’ exercise of free speech on a matter of public concern.

The trial court summarily dismissed the motion on October 2, 2025, finding Chapter 2747 did not apply to the defamation count without holding a hearing.

Judge Myron C. Duhart wrote for the panel that the trial court committed reversible error by skipping the statutory hearing requirement.

“We find that the trial court did not conduct a hearing, as required by R.C. 2747.04(A)(1),” Duhart wrote. “We therefore reverse the judgment of the Huron County Common Pleas Court and remand for the trial court to conduct a hearing on appellants’ motion.”

The UPEPA, effective April 9, 2025, requires courts to dismiss causes of action based on protected speech unless the plaintiff establishes a prima facie case for each essential element.

If a court grants the motion, the moving party is entitled to reasonable attorney’s fees, court costs, and other litigation expenses.

The Sixth District ordered the Lawrences to pay the costs incurred on appeal.

The panel included Judges Gene A. Zmuda, Myron C. Duhart, and Charles E. Sulek.