Kuczkir v. Martell
Cases that cite this one
7 later published cases cite this decision.
- Brockman v. Avaya, Inc. (United States District Court for the Middle District of Florida 2008)
- Whitby v. Infinity Radio Inc. (Fla. Dist. Ct. App. 2007)
- Casamassina v. US Life Ins. Co. (Fla. Dist. Ct. App. 2007)
- Byrd v. BT Foods, Inc. (Fla. Dist. Ct. App. 2007)
- Pacific Employers Insurance v. Wausau Business Insurance (United States District Court for the Middle District of Florida 2007)
- Hernandez v. United Auto. Ins. Co., Inc. (Fla. Dist. Ct. App. 1999)
- Cape Publications, Inc. v. Hitchner (Fla. Dist. Ct. App. 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Mary KUCZKIR, Appellant,
v.
Sera MARTELL, Appellee.
District Court of Appeal of Florida, Fourth District.
William L. Gardner, III, Fort Lauderdale, for appellant.
*701 Karen Coolman Amlong, Fort Lauderdale, for appellee.
PER CURIAM.
This is a libel action. The trial court granted partial summary judgment as to liability in favor of plaintiff and against defendant. Defendant appeals. We reverse and remand.
The alleged libel hinges upon a letter written by defendant which was circulated throughout the condominium complex where the parties lived.
From a review of the record it appears that defendant wrote and published the letter containing a number of statements derogatory as to plaintiff. However, there is a classic dispute as to the truth or falsity of the statements, which dispute can only be resolved by determining the credibility of the parties. Where the issue of credibility is present, summary judgment is inappropriate. Florida East Coast Railway Company v. Metropolitan Dade County, 438 So.2d 978 (Fla. 3d DCA 1983). Moreover, there are valid issues made by the affirmative defenses, which issues stand in the way of determining the case via summary judgment. Glickman v. Potamkin, 454 So.2d 612 (Fla. 3d DCA 1984) rev. den. 461 So.2d 115 (Fla. 1985).
The partial summary judgment as to liability is reversed and the cause remanded for further proceedings.
Reversed and Remanded.
HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.