JESUS J. SARDINAS, INDIVIDUALLY AND AS PARENT AND GUARDIAN OF YUNIOR B. SARDINAS, APPELLANTS,
v.
M.C.A., INC., A FOREIGN CORPORATION, UNIVERSAL CITY STUDIOS, INC., A FOREIGN CORPORATION, AND METRO VIDEO DIST., INC., A FLORIDA CORPORATION, APPELLEES
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PER CURIAM.
Agreeing with the trial court that the use of appellants’ images in the prologue to the movie Scarface could not possibly have a defamatory meaning, see Byrd v. Hustler Magazine, Inc., 433 So. 2d 593, 595 (Fla. 3d DCA 1983), review denied, 443 So. 2d 979 (Fla.1984); Wolfson v. Kirk, 273 So. 2d 774, 778 (Fla. 4th DCA), cert. denied, 279 So. 2d 32 (Fla.1973); Kurtell & Co. v. Miami Tribune, Inc., 193 So. 2d 471 (Fla. 3d DCA 1967), or constitute an invasion of privacy, see Jacova v. Southern Radio & Television Co., 83 So. 2d 34, 40 (Fla.1955); Boyles v. Mid-Florida Television Corp., 431 So. 2d 627, 637 (Fla. 5th DCA 1983), aff'd, 467 So. 2d 282 (Fla.1985); Stafford v. Hayes, 327 So. 2d 871 (Fla. 1st DCA), cert. denied, 336 So. 2d 604 (Fla.1976), we affirm the lower court’s dismissal with prejudice of the complaint.
Affirmed.
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Scotty Lamar POE v. IMC Phosphates MP, Inc., 885 So. 2d 397 (Fla. 2d DCA 2004)…elieve it to be a public highway.” Id. at 204-05. The Third and Fourth Districts have also approved the rule stated in section 367. See Hollywood Corporate Circle Assocs. v. Amato, 604 So. 2d 888 (Fla. 4th DCA 1992); Felton v. W. Gables Homes, Inc., 484 So. 2d 639 (Fla. 3d DCA 1986). Pursuant to the analysis in section 367 and this court’s decision in Drady, there were several genuine issues of material fact raised by the record. Initially, there was a question whether IMC knew or should have known that moto…
Authorities Cited
- Wolfson v. Kirk, 273 So. 2d 774 (Fla. 4th DCA 1973)
- Jacova v. S. Radio & Television Co., 83 So. 2d 34 (Fla. 1955)
- Boyles v. Mid-Florida Television Corp., 431 So. 2d 627 (Fla. 5th DCA 1983)
- Byrd v. Hustler Magazine, Inc., 433 So. 2d 593 (Fla. 4th DCA 1983)
- Mid-Florida Television Corp. v. Boyles, 467 So. 2d 282 (Fla. 1985)
- Kirk v. Wolfson, 279 So. 2d 32 (Fla. 1973)
- S. Am. Fire Ins. Co. v. Maxwell, 279 So. 2d 32 (Fla. 1973)
- Stafford v. Hayes, 327 So. 2d 871 (Fla. 1st DCA 1976)
- Kurtell & Co., Inc. v. Miami Tribune, Inc., 193 So. 2d 471 (Fla. 3d DCA 1967)
- Robbins v. Robbins, 193 So. 2d 471 (Fla. 2d DCA 1967)