HUBERT BROWN AND BETTY BROWN, APPELLANTS,
v.
CHRISTOPHER R. PIESER AND AMERICAN SERVICE MUTUAL INSURANCE COMPANY, APPELLEES

Fla. 3d DCA | 1976-09-14
No. 75-1227
Before BARKDULL, C. J., and HENDRY and NATHAN, JJ.
337 So. 2d 1005 Florida District Court of Appeal, Third District (1976) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. H. I. Holding Company v. Dade County, 129 So. 2d 693 (Fla. 3d DCA 1961); Carson v. Iacona, 281 So. 2d 226 (Fla. 3d DCA 1973); Heymann v. Fusco, 132 So. 2d 216 (Fla. 3d DCA 1961); White v. Bacon, 166 So. 2d 678 (Fla. 3d DCA 1964); Clark v. Yellow Cab Co. of Miami, 195 So. 2d 39 (Fla. 3d DCA 1967).


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  • …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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  • Karp v. Miami Herald Publ'g Co., 45 Fla. Supp. 183 (Fla. Cir. Ct. 1977)
    …dgment as a matter of law. 4. Summary judgment is especially appropriate because of the chilling effect libel suits have on First Amendment freedoms. Schuler v. Fabrico, 328 So. 2d 520 (3d DCA 1976). See also, Applestein v. Knight Newspapers, Inc., 337 So. 2d 1005 (3d DCA 1976). Therefore, it is ordered -— (1) final judgment is entered in favor of defendant and against plaintiffs and this action is dismissed with prejudice. (2) Defendant shall recover of plaintiffs its costs in this action to be taxed after…
  • Westphal v. Lakeland Ledger Publ'g Co., 46 Fla. Supp. 26 (Polk Cty. Cir. Ct. 1977)
    …in the articles is true in all material respects. McCormick v. Miami Herald Publishing Company, 139 So. 2d 197 (Fla. 2d DCA 1962); Hill v. Lakeland Ledger Publishing Company, 231 So. 2d 254 (Fla. 2d DCA 1970); Applestein v. Knight Newspapers, Inc., 337 So. 2d 1005 (Fla. 3d DCA 1976). 5. Plaintiff lacks a cause of action for libel because there is no evidence of negligence on the part of defendant in publishing the allegedly false and defamatory statements. Gertz v. Welch, 418 U. S. 323 (1974); Time, Inc. v.…

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