BRAKE AND ALIGNMENT SUPPLY CORP., INC., T/A BRAKE WORLD, APPELLANT,
v.
POST-NEWSWEEK STATIONS OF FLORIDA, INC., A/K/A WPLG-TV, CHANNEL 10, APPELLEE
PER CURIAM.
We affirm the summary judgment entered in favor of Post-News week Stations of Florida, Inc., a/k/a WPLG-TV, CHANNEL 10, upon a holding that a truthful and accurate report of the outcome of judicial proceedings will not establish a media defendant’s liability. It is not libelous to restate prior accusations when winding up a news story. See Jamason v. Palm. Beach Newspapers, Inc., 450 So. 2d 1130 (Fla. 4th DCA 1984); Applestein v. Knight Newspapers, Inc., 337 So. 2d 1005 (Fla. 3d DCA 1976); see also Huszar v. Gross, 468 So. 2d 512 (Fla. 1st DCA 1985).
Affirmed.
NESBITT and JORGENSON, JJ., concur.
JORGENSON, Judge,
concurring specialty-
I agree with an affirmance in this ease and would add an additional ground. The plaintiff in this case, Brake and Alignment Supply Corp., Inc., t/a Brake World [“Brake World”], is a franchisor which sought to step into the shoes of its franchisee, Brake and Alignment World, Inc. of 27th Avenue [“Brake, World of 27th Avenue”], a defendant in a consumer fraud action and the actual subject of the newscast. Since Brake World was never a party to the consumer lawsuit brought by the attorney general’s office against Brake World of 27th Avenue, it cannot be heard to complain about the publication and has no standing in this libel action. See Montgomery v. Knox, 23 Fla. 595, 3 So. 211 (1887); Wolfson v. Kirk, 273 So. 2d 774 (Fla. 4th DCA), cert, denied, 279 So. 2d 32 (Fla.1973).
BASKIN, Judge
(concurring specially).
Just as in Applestein v. Knight Newspapers, Inc., 337 So. 2d 1005 (Fla. 3d DCA 1976), the case before us presents no genuine issue of material fact that the challenged statements are true in all pertinent respects. Thus, because truth constitutes a defense to libel, affirmance is appropriate.
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Ortega v. Post-Newsweek Stations, 510 So. 2d 972 (Fla. 3d DCA 1987)…ndividual, Ortega, were fair and substantially accurate, the trial court correctly ruled that WPLG was not liable as a matter of law. Summary judgment was therefore appropriate. Brake & Alignment Supply Carp. v. Post-Newsweek Stations of Fla., Inc., 472 So. 2d 517 (Fla. 3d DCA 1985), rev. denied, 484 So. 2d 7 (Fla.1986). The order of the trial court is, accordingly, affirmed. Affirmed. . Tax Evasion Through the Netherlands Antilles and Other Tax Haven Countries: Hearings Before the Subcomm. on Commerce, Con…
Authorities Cited
- Montgomery v. Knox, 23 Fla. 595 (Fla. 1887)
- Wolfson v. Kirk, 273 So. 2d 774 (Fla. 4th DCA 1973)
- Huszar v. Gross, 468 So. 2d 512 (Fla. 1st DCA 1985)
- Kirk v. Wolfson, 279 So. 2d 32 (Fla. 1973)
- S. Am. Fire Ins. Co. v. Maxwell, 279 So. 2d 32 (Fla. 1973)
- Brown v. Pieser, 337 So. 2d 1005 (Fla. 3d DCA 1976)
- Jamason v. Palm Beach Newspapers, Inc., 450 So. 2d 1130 (Fla. 4th DCA 1984)