HARRY SUSSKIND, INDIVIDUALLY, AND H. SUSSKIND & CO., INC., A/K/A/ HARRY SUSSKIND & CO., INC., APPELLANTS,
v.
CREST INTERNATIONAL CORP., APPELLEE

Fla. 3d DCA | 1985-11-12
No. 85-621
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.
478 So. 2d 449 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 2 cases


Opinion of the Court
FERGUSON, Judge.

FERGUSON, Judge.

Plaintiff/appellant, a seafood distributor, commenced this action for libel per se based on a publication sent to other members of the industry by defendant/appellee, a seafood supplier, falsely reporting that plaintiff failed to pay an undisputed debt. The uncontradicted evidence is that the debt was disputed. The trial court entered summary judgment for the defendant on a finding that it appeared conclusively from the face of the document that plaintiff was not being accused of failing to pay an undisputed claim. We disagree. At the very least a genuine issue of material fact was presented which precluded summary judg ment. See Northside Fire Extinguisher Service and Welding Supplies, Inc. v. Wilson Davis Ford, Inc., 426 So. 2d 55 (Fla. 2d DCA 1983).

Reversed and remanded.


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Cited By

  • Hyman Levy v. Se. Bank, N.A., 490 So. 2d 1333 (Fla. 3d DCA 1986)
    …es, Inc. v. Wilson Davis Ford, Inc., 426 So. 2d 55 (Fla. 2d DCA 1983); Matthews v. Deland State Bank, 334 So. 2d 164 (Fla. 1st DCA 1976); Vinson v. Ford Motor Credit Co., 259 So. 2d 768 (Fla. 1st DCA 1972); see Susskind v. Crest International Corp., 478 So. 2d 449 (Fla. 3d DCA 1985). The judgment on the claims for interference with business relationships is affirmed. See Florida Power & Light Co. v. Fleitas, 488 So. 2d 148 (Fla. 3d DCA 1986); Ethyl Corp. v. Balter, 386 So. 2d 1220 (Fla. 3d DCA 1980), pet. f…

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