In his inimitable way, Mark Steyn explains:
The way the DC “legislature” wrote the Anti-SLAPP law it’s unclear whether a denial of an anti-SLAPP motion is appealable. So my co-defendants would like the Court of Appeals to rule on the question. They could have ruled on it way back last autumn when the denial of the motion to dismiss the original complaint was appealed, but by then Michael E Mann, whose original complaint was as poorly constructed as his hockey stick, had filed his amended complaint, so the Court of Appeals ruled that it was moot. If you’re wondering what “it” is in that last clause, “it” is any combination of: a) the original complaint; b) the original motion to dismiss the original complaint; c) the original denial of the original motion to dismiss the original complaint; d) the original appeal of the original denial of the original motion to dismiss the original complaint; e) the original appeal of whether the original appeal of the original denial of the original motion to dismiss the original complaint is appealable; or f) a gluten-free chia-seed bagel three days past its sell-by date left under the judges’ desk.
Or something.