Florida District Courts of Appeal, 1994

Performance Paint Yacht Refinishing, Inc. v. Resnick

Performance Paint Yacht Refinishing, Inc. v. Resnick
Florida District Courts of Appeal · Decided July 27, 1994 · Anstead, Mickle, Pierre, Stevenson
639 So. 2d 1127; 1994 Fla. App. LEXIS 7426; 1994 WL 386721 (Southern Reporter, Second Series)

Performance Paint Yacht Refinishing, Inc. v. Resnick

Opinion of the Court

PER CURIAM.

We agree with appellants that the trial court erred in granting appellee’s motion to dismiss Count III of their amended complaint with prejudice. The allegations contained in that count are sufficient to state a cause of action for libel. See Florida Medical Ctr., Inc. v. New York Post Co., 568 So.2d 454 (Fla. 4th DCA 1990), rev. denied, 581 So.2d 1309 (Fla. 1991); Owner’s Adjustment Bureau, Inc. v. Ott, 402 So.2d 466 (Fla. 3d DCA 1981). Accordingly, we reverse and remand for further proceedings.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

ANSTEAD and STEVENSON, JJ., and MICKLE, STEPHAN PIERRE, Associate JJ., concur.

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