AMBROSIO TABARES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1983-11-08
No. 83-784
Before HUBBART, NESBITT and BAS-KIN, JJ.
441 So. 2d 1120 Florida District Court of Appeal, Third District (1983) Caution
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Breedlove v. State, 413 So. 2d 1 (Fla.1982), cert. denied, - U.S. -, 103 S.Ct. 184, 74 L.Ed.2d 149 (1982); Zeigler v. State, 402 So. 2d 365 (Fla.1981), cert. denied, 455 U.S. 1035, 102 S.Ct. 1739, 72 L.Ed.2d 153 (1982).


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  • HAY v. Indep. Newspapers, Inc., 450 So. 2d 293 (Fla. 2d DCA 1984)
    …lant, but toward the judicial system. Applying the principles hereinabove set forth, we hold the statement was a pure expression of opinion and accordingly protected by the First Amendment of the United States Constitution. See also Demoya v. Walsh, 441 So. 2d 1120 (Fla. 3d DCA 1983) (characterization of coworker as “raving maniac” and “raving idiot” was pure opinion based on disclosed facts); Kotlikoff (accusations of mayor’s involvement in “huge coverup” and “conspiracy” were, in context, protected expressio…
  • Scott v. Busch, 907 So. 2d 662 (Fla. 5th DCA 2005)
    …, Barrett, 742 So. 2d 451 (Fla. 5th DCA 1999); Lundquist v. Alewine, 397 So. 2d 1148 (Fla. 5th DCA 1981); Restatement of Torts 2d § 570 (1977). . See Boyles v. Mid-Florida Television Corp. 431 So. 2d 627 (Fla. 5th DCA 1983). . See DeMoya v. Walsh, 441 So. 2d 1120 (Fla. 3d DCA 1983); Kotlikoff v. The Community News, 89 N.J. 62, 444 A. 2d 1086 (1982). . See Hoch v. Rissman, Weisberg, Barrett, 742 So. 2d 451 (Fla. 5th DCA 1999); Harper, James and Bray, 2 The Law of Torts 2d, § 5.8 at 66-68; Restatement of Tort…
  • John B. Sullivan, M.D. v. Jack W. Barrett, M.D., 510 So. 2d 982 (Fla. 4th DCA 1987)
    …and remand so that the trial court may enter a judgment for the defendant in accordance with this opinion. The statements in the letter were pure opinion and entitled to First Amendment protection. See Zambrano; Hay; From. See also Demoya v. Walsh, 441 So. 2d 1120 (Fla. 3d DCA 1983) (defendant’s characterization of co-worker as “raving maniac” and “raving idiot” during course of heated professional disagreement in presence of small group of other co-workers constituted pure opinion based on disclosed facts).…

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