Victor v. News & Sun Sentinel Co.

Florida District Courts of Appeal
Victor v. News & Sun Sentinel Co., 467 So. 2d 499 (1985)
10 Fla. L. Weekly 1028; 1985 Fla. App. LEXIS 13631
Anstead, Downey, Walden

Victor v. News & Sun Sentinel Co.

Opinion of the Court

PER CURIAM.

We reverse the dismissal with prejudice of appellants’ libel action against appellees. Upon review of the amended complaint we believe it contained sufficient allegations of false factual statements made about appellants with malice and resulting in injury to state a cause of action for libel. Smith v. Taylor County Publishing Co., 443 So.2d 1042 (Fla. 1st DCA 1983). We do not believe the alleged defamatory statements were pure statements of opinion. We also believe the trial court acted prematurely in considering matters that should properly be raised as affirmative defenses.

Accordingly, we reverse and remand with directions for further proceedings consistent herewith.

ANSTEAD, C.J., and DOWNEY and WALDEN, JJ., concur.

Reference

Full Case Name
Reese VICTOR and David Goldman v. NEWS & SUN SENTINEL CO., a Delaware corporation doing business in Broward County, Florida, and Jack Zink, a Florida resident
Cited By
3 cases
Status
Published