H. BRUCE MCIVER AND SOUTHEASTERN REALTY AND INVESTMENT PROPERTIES, INC., APPELLANTS,
v.
TALLAHASSEE DEMOCRAT, INC. AND KNIGHT-RIDDER NEWSPAPERS, INC., APPELLEES
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Southeastern Realty and Investment Properties appealed a summary judgment dismissing its libel claim against newspapers that published an article about its president's alleged bribery. The court affirmed, holding that the article could not reasonably be interpreted as defamatory of the corporation itself, only of its president as an individual.
The court affirmed summary judgment, holding that as a matter of law the article could not be reasonably interpreted as defamatory of the corporation. The article's substance concerned only McIver's alleged unlawful action; Southeastern was mentioned only as context for identifying McIver, and there was no implication of wrongdoing by the corporation or its management.
[1] A corporation may recover for libel if a publication prejudices it in the conduct of its trade or business, deters third persons from dealing with it, assails its managem…
[2] The language in an allegedly libelous publication should be construed as the common mind would naturally understand it.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a corporation may recover for libel just as an individual, where a publication prejudices it in the conduct of its trade or business, deters third persons from dealing with it, assails its management, impugns its methods of doing business or inflicts injury on its credit or business”
Establishes the legal principle that corporations can sue for libel under the same standards as individuals
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Join FLexlaw to unlock all legal intelligenceThe defendants published an article alleging that H. Bruce McIver, president of Southeastern Realty and Investment Properties, had offered a bribe to …
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PEARSON, TILLMAN (Ret.), Associate Judge.
H. Bruce Mclver and Southeastern Realty and Investment Properties, Inc. brought a complaint for libel against Tallahassee Democrat, Inc. and Knight-Ridder Newspaper, Inc. The trial judge entered a final summary judgment for the defendants against the plaintiff Southeastern Realty and Investment Properties. The complaint of the plaintiff H. Bruce Mclver was left pending against both defendants. The plaintiff Southeastern appeals.
No ground for the summary judgment is given by the trial judge, but from our review of the record the only possible ground is that as a matter of law the single article upon which the action is predicated could not upon any reasonable interpretation of the article be held to be libelous of the corporation, Southeastern Realty and Investment. The article alleged information to the Tallahassee Democrat that plaintiff Mclver had in effect offered a bribe to a city commissioner upon a proposal to sell land to the City of Tallahassee. The only mention of plaintiff Southeastern Realty and Investment in the article appears as follows:
Mclver, President of Southeastern Realty, has testified before a federal grand jury in Tampa investigating bribery and kickbacks and other fraudulent practices in the state’s $240 million environmentally endangered and recreational lands purchase program.
The appellants urge and we agree that a corporation may recover for libel just as an individual, where a publication prejudices it in the conduct of its trade or business, deters third persons from dealing with it, assails its management, impugns its methods of doing business or inflicts injury on its credit or business. Kilgore Ace Hardware, Inc. v. Newsome, 352 So. 2d 918, 920 (Fla. 2d DCA 1977). The question then is: Can it be said as a matter of law that the identification of Mclver as the President of Southeastern did none of these things?
The language in an allegedly libelous publication should be construed as the common mind would naturally understand it. Cooper v. Miami Herald Publishing Company, 159 Fla. 296, 31 So. 2d 382, 384 (1947). Applying this rule, the trial court was able to determine that the entire substance of the publication about the alleged incident was the presumed unlawful action by the individual Mclver. Southeastern is mentioned only when Mclver is identified as its president in connection with Mclver’s testimony before a grand jury. There is no implication of wrongdoing in the act of testifying before a grand jury. It does not appear even by implication that Southeastern or its management was associated with the reported information relative to bribery.
In New York Times v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), the United States Supreme Court ruled:
We also think the evidence was constitutionally infirm in another respect: It was incapable of supporting the jury’s finding that the allegedly libelous statements were made “of and concerning” respondent.
See also Rosenblatt v. Baer, 383 U.S. 75, 86 S.Ct. 669, 15 L.Ed.2d 597 (1966).
If the publication can bear only one meaning, the question of defamation is for the judge. Diplomat Electric, Inc. v. Westinghouse Electric Supply Company, 378 F. 2d 377, 381 (5th Cir.1967). We agree that such is the case here.
Affirmed.
BOOTH, C.J., and SMITH, J., concur.
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Thomas v. Jacksonville Television, Inc., 699 So. 2d 800 (Fla. 1st DCA 1997)…the libelous statements are “of and concerning” the plaintiff. Rosenblatt v. Baer, 383 U.S. 75, 86 S.Ct. 669, 15 L.Ed.2d 597 (1966); New York Times v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964); McIver v. Tallahassee Democrat, Inc., 489 So. 2d 793, 794 (Fla. 1st DCA), review denied, 500 So. 2d 544 (Fla.1986); Hay v. Independent Newspapers, Inc., 450 So. 2d at 294. Plaintiffs face a difficult task when the statements concern groups; when a group is large, that is, composed of twenty-five or m…
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Tomas Valdes, M.D. v. H. Richard Nateman, M.D., 539 So. 2d 36 (Fla. 3d DCA 1989)…PER CURIAM. Affirmed. See and compare Schreidell v. Shoter, 500 So. 2d 228 (Fla. 3d DCA 1987); McIver v. Tallahassee Democrat, Inc., 489 So. 2d 793 (Fla. 1st DCA 1986); Delgado-Santos v. State, 471 So. 2d 74 (Fla. 3d DCA 1985); approved 497 So. 2d 1199 (Fla.1986); From v. Tallahassee Democrat, Inc., 400 So. 2d 52 (Fla. 1st DCA 1981); Okun v. Stuart House Condominium Association, Inc., 362 So. 2…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- N.Y. Times Co. v. Sullivan, 376 U.S. 254 (U.S. 1964)
- Rosenblatt v. Baer, 383 U.S. 75 (U.S. 1966)
- Cooper v. THE Miami Herald Publ'g Co., 159 Fla. 296 (Fla. 1947)
- Diplomat Elec., Inc. v. Westinghouse Elec. Supply Co., 378 F.2d 377 (5th Cir. 1967)
- Kilgore ACE Hardware, Inc. v. Newsome, 352 So. 2d 918 (Fla. 2d DCA 1977)