FRANK DEMOLFETTA, APPELLANT,
v.
AMERICAN SIGHTSEEING TOURS, INC., A FLORIDA CORPORATION, AND RED TOP SEDAN SERVICE, INC., A FLORIDA CORPORATION, APPELLEES
FRANK DEMOLFETTA, APPELLANT,
AMERICAN SIGHTSEEING TOURS, INC., A FLORIDA CORPORATION, AND RED TOP SEDAN SERVICE, INC., A FLORIDA CORPORATION, APPELLEES
450 So. 2d 312
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court’s order of dismissal for failure to serve the 5 day notice provided by Section 770.01 Florida Statutes (1983) prior to bringing a defamation action against a private “non-media” entity is reversed under the reasoning found in this court’s recent opinion of Davies v. Bossert, 449 So. 2d 418 (Fla. 3d DCA 1984).
Therefore the order under review is reversed and the matter is returned to the trial court for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mancini v. Personalized AIR Conditioning & Heating, Inc., 702 So. 2d 1376 (Fla. 4th DCA 1997)…the question is what is meant by “non-media defendant,” a term not appearing within the statute, but only in case law. See, e.g., Della-Donna v. Gore Newspapers Co., 463 So. 2d 414 (Fla. 4th DCA 1985); Demolfetta v. American Sightseeing Tours, Inc., 450 So. 2d 312 (Fla. 3d DCA 1984). The use of the phrase “non-media defendant” in these eases was not meant to distinguish between individuals and corporations, but rather to separate third parties who are not engaged in the dissemination of news and information…
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Alphonse Della-Donna v. Gore Newspapers Co., 463 So. 2d 414 (Fla. 4th DCA 1985)…PER CURIAM. The summary judgment entered in this cause is reversed. Section 770.01, Florida Statutes (1983), does not apply to non-media defendants. Demolfetta v. American Sightseeing Tours, 450 So. 2d 312 (Fla. 3d DCA 1984); Davies v. Bossert, 449 So. 2d 418 (Fla. 3d DCA 1984); Bridges v. Williamson, 449 So. 2d 400 (Fla. 2d DCA 1984). Accordingly, this cause is remanded for further proceedings. REVERSED AND REMANDED. DOWNEY, HURLEY and BARKETT, J…
Authorities Cited
- A.B. v. State, 449 So. 2d 418 (Fla. 3d DCA 1984)