Victor v. News & Sun Sentinel Co.

District Court of Appeal of Florida

Victor v. News & Sun Sentinel Co.

467 So. 2d 499, 10 Fla. L. Weekly 1028, 1985 Fla. App. LEXIS 13631

CourtDistrict Court of Appeal of Florida

DecidedApril 24, 1985

DocketNo. 84-1711

StatusPublished

Cited by3 cases

This text of 467 So. 2d 499 (Victor v. News & Sun Sentinel Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Victor v. News & Sun Sentinel Co., 467 So. 2d 499, 10 Fla. L. Weekly 1028, 1985 Fla. App. LEXIS 13631 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

We reverse the dismissal with prejudice of appellants’ libel action against appellees. Upon review of the amended complaint we believe it contained sufficient allegations of false factual statements made about appellants with malice and resulting in injury to state a cause of action for libel. Smith v. Taylor County Publishing Co., 443 So.2d 1042 (Fla. 1st DCA 1983). We do not believe the alleged defamatory statements were pure statements of opinion. We also believe the trial court acted prematurely in considering matters that should properly be raised as affirmative defenses.

Accordingly, we reverse and remand with directions for further proceedings consistent herewith.

ANSTEAD, C.J., and DOWNEY and WALDEN, JJ., concur.

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PER CURIAM.

We reverse the dismissal with prejudice of appellants’ libel action against appellees. Upon review of the amended complaint we believe it contained sufficient allegations of false factual statements made about appellants with malice and resulting in injury to state a cause of action for libel. Smith v. Taylor County Publishing Co., 443 So.2d 1042 (Fla. 1st DCA 1983). We do not believe the alleged defamatory statements were pure statements of opinion. We also believe the trial court acted prematurely in considering matters that should properly be raised as affirmative defenses.

Accordingly, we reverse and remand with directions for further proceedings consistent herewith.

ANSTEAD, C.J., and DOWNEY and WALDEN, JJ., concur.

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467 So. 2d 499, 10 Fla. L. Weekly 1028, 1985 Fla. App. LEXIS 13631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victor-v-news-sun-sentinel-co-fladistctapp-1985.

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