AYODELE O. SHEDEKE, F/K/A HILGARD LAMBERT CAREY, APPELLANT,
v.
ANTONIA (POY WING) GOMEZ, INDIVIDUALLY AND AS TRUSTEE AND EXECUTRIX OF THE ESTATE OF ROSA EMILY CAREY, APPELLEE
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PER CURIAM.
We affirm the dismissal of count I of appellant’s complaint for failure to state a cause of action. The complaint describes a dispute between siblings over an inheritance. The facts as pled fell short of intentional infliction of emotional distress, since there was no conduct “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Metro. Life Ins. Co. v. McCarson, 467 So. 2d 277, 278-79 (Fla.1985) (quoting Restatement (Second) op ToRts § 46 (1965)).
We reverse the dismissal of count II, because it states a cause of action for slander. Paragraph iii of the second count alleges that appellee told a third party that appellant had forged a letter from his sister, upon which appellant -relied as proof of his claim. The statement that appellant was a forger stated a cause of action for slander. See Axelrod v. Califano, 357 So. 2d 1048, 1050 (Fla. 1st DCA 1978). Defensive matters, such as the statute of limitations, may be considered in a motion for summary judgment.
Affirmed in part, reversed in part, and remanded.
STONE, WARNER and GROSS, JJ., concur.
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Devil LeGRANDE and Eliamise LeGrande v. Emmanuel, 889 So. 2d 991 (Fla. 3d DCA 2004)…se they state a cause of action. The allegation that the appellees told third parties that Pastor Legrande purchased a 2002 Mercedes with cash stolen from the church is legally sufficient to state a cause of action for slander. See Shedeke v. Gomez, 837 So. 2d 1122, 1122 (Fla. 4th DCA 2003) (“The statement that appellant was a forger stated a cause of action for slander”); Axelrod v. Calif ano, 357 So. 2d 1048, 1050 (Fla. 1st DCA 1978) (holding that a publication that falsely and maliciously charges another wi…1 / 2
Authorities Cited
- Metro. Life Ins. Co. v. McCARSON, 467 So. 2d 277 (Fla. 1985)
- Axelrod v. Califano, 357 So. 2d 1048 (Fla. 1st DCA 1978)