ANTONIO GRANDA-CENTENO, APPELLANT,
v.
PEDRO LARA, APPELLEE

Fla. 3d DCA | 1986-05-27
No. 85-1202
Before SCHWARTZ, C.J., and BARK-DULL and NESBITT, JJ.
489 So. 2d 142 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Granda-Centeno appeals a defamation judgment in favor of Lara, who sued over a libelous letter. The court reverses and remands for a new trial, finding the trial court erred by instructing the jury that publication occurs merely by sending a letter, when publication requires actual receipt and reading by a third party.


Holding

The court holds that publication of defamatory matter requires communication of the statement to a third person who actually hears or reads it. Evidence that a defamatory writing was sent is insufficient to prove publication. The jury instruction allowing a finding of publication based merely on sending the letter was erroneous.


Headnotes

[1] Publication of defamatory matter requires communication of the statement to a third person who hears or reads the information.

[2] Evidence of sending a defamatory writing is insufficient to prove publication; actual receipt and reading by a third party must be established.

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Key Quotes

“Publication of defamatory matter is communication of the statement to a third person.”

Establishes the legal definition of publication in defamation law

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Facts & Procedural History

Lara sued Granda-Centeno for libel based on a letter Granda-Centeno wrote indicating copies would be sent to twenty-six persons or entities. At trial,…

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Topics

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Opinion of the Court
NESBITT, Judge.

NESBITT, Judge.

Granda-Centeno appeals a judgment on a jury verdict in a defamation action. We find one of the points raised by Granda-Centeno meritorious and reverse for a new trial.

Mr. Lara sued alleging that he was libeled in a letter written by Granda-Cen-teno. The letter indicated that copies were being sent to twenty-six persons or entities. The evidence at trial established the receipt and reading of the letter only by Mrs. Lara1 and Mr. Regelado, an employee of Bank of America which was one of the entities listed in the letter. Regelado had done business with Granda-Centeno in Quito, Ecuador in 1976. In 1977, Regelado was transferred to Venezuela. In 1978, his replacement in Quito, Robert Sola, received a copy of Granda-Centeno’s letter. Sola delivered the copy of the letter to Regela-do, who read it.

Granda-Centeno contends that the trial court erred by instructing the jury that “[publication is the sending of the libelous writing to at least one other person and to the plaintiff.”2 We agree. Publication of defamatory matter is communication of the statement to a third person. Tyler v. Garris, 292 So. 2d 427, 429 (Fla. 4th DCA 1974). To communicate or publish is to make known, Webster’s Ninth New Collegiate Dictionary 266, 952 (1983), and requires that someone hear or read the information communicated. Evidence that a defamatory writing was sent is insufficient to prove publication. Owner’s Adjustment Bureau, Inc. v. Ott, 402 So. 2d 466 (Fla. 3d DCA 1981). Consequently, the instruction, which allowed the jury to find a publication in the mere sending of the letter, was erroneous. It allowed the jury to find a publication, and thus liability, without a finding that the letter was actually received and read.3 Accordingly, the judgment in favor of Lara is reversed and the cause is remanded for a new trial.

Reversed and remanded.

. Mrs. Lara’s opening and reading of the letter, which was addressed to Mr. Lara, does not qualify as a publication. See Farris v. Tvedten, 274 Ark. 185, 623 S.W. 2d 205 (1981) (there is no liability for publication when a sealed letter is sent to the plaintiff personally and is unexpectedly opened and read by another).

. While not at issue in this appeal, we point out for the benefit of the trial court that the instruction was erroneous in stating that the libelous writing must be published to the plaintiff. Tyler v. Garris, 292 So. 2d 427, 429 (Fla. 4th DCA 1974).

.There is evidence in the record which suggests that any publication to Regelado may have in fact been a republication. If so, then the defendant is liable only if the republication was reasonably foreseeable, Brown v. First National Bank, 193 N.W. 2d 547, 555 (Iowa 1972); Weaver v. Beneficial Finance Co., 199 Va. 196, 98 S.E. 2d 687, 690 (1957); Hucko v. Jos. Schlitz Brewing Co., 100 Wis.2d 372, 302 N.W. 2d 68, 72 (App.1981), which is generally a question of fact for the jury. 50 Am.Jur.2d Libel & Slander § 172 (1970).


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Citator

Cited By

  • Am. Airlines, Inc. v. Geddes, 960 So. 2d 830 (Fla. 3d DCA 2007)
    …il it is published or communicated to a third person; statements made to the person alleging the defamation do not qualify. See e.g., American Ideal Mgmt., Inc. v. Dale Village, Inc., 567 So. 2d 497, 498 (Fla. 4th DCA 1990); Grandar-Centeno v. Lara, 489 So. 2d 142, 143 (Fla. 3d DCA 1986). When the entity alleged to have committed the defamation is a corporation, the courts haVe held that statements made to corporate executive or managerial employees of that entity are, in effect, being made to the corporation…
  • Rand Hoch v. Loren, 273 So. 3d 56 (Fla. 4th DCA 2019)
  • Shahnasarian v. Tejedor, 41 So. 3d 348 (Fla. 5th DCA 2010)
    …ument that the cause of action accrued in Orange County. For libel to be actionable, the libelous material must be communicated to a third person. See American Airlines, Inc. v. Geddes, 960 So. 2d 830, 833 (Fla. 3d DCA 2007); Granda-Centeno v. Lara, 489 So. 2d 142 (Fla. 3d DCA 1986); see also American Ideal Management, Inc. v. Dale Village, Inc., 567 So. 2d 497, 498 (Fla. 4th DCA 1990) (in order for defamatory statement to be actionable it must be communicated to one other than person defamed). We also rejec…

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