Scalzo

SUMMARY

These appeals are from the trial court’s grant of two special motions to strike. We affirm as to respondents Baker, Baker & Baker, Shomaker, and Haynie & Company; we reverse as to Martin R. Scalzo.

FACTUAL AND PROCEDURAL SYNOPSIS

In July 2008, Frederick T. Scalzo and Donna M. Ostermiller filed a complaint against Martin R. Scalzo, Martin J. (Marty) Scalzo; William E. Baker, Jr. (Martin’s attorney); Baker & Baker (the law firm representing Martin); David Shomaker (a certified public accountant working for Martin “in connection with a different litigation”); and Haynie & Company (the accounting firm where Shomaker was employed), alleging causes of action relating to Martin’s successful and unsuccessful efforts to obtain Frederick and Donna Ostermiller’s American Express credit card statements and his “dissemination]” of these statements to additional persons, including his attorneys, accountants, family members and other unknown persons, causing damage to their credit and identity theft. (We include Donna in our further references to Frederick unless otherwise indicated.)

According to the complaint, on December 4, 2007, Martin contacted American Express by…