JORGE DEMOYA, APPELLANT,
v.
MARION MOSELY, JOSE FERNANDEZ, R. LONNIE PADGETT, MICHAEL GARFFER AND BROWN BADGETT, APPELLEES

Fla. 3d DCA | 1988-05-31
Nos. 87-630, 87-1281
Per Curiam
525 So. 2d 1012 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 4 cases

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Synopsis

The court affirmed the lower court's decision in this dispute between DeMoya and multiple appellees, relying on established precedent regarding the applicable legal standards.


Holding

The lower court's judgment was affirmed based on applicable precedent.


Facts & Procedural History

Jorge DeMoya appealed a decision against him in a case involving Marion Mosely, Jose Fernandez, R. Lonnie Padgett, Michael Garffer, and Brown Badgett.…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See and compare Smith v. Piezo Technology and Professional Administrators, 427 So. 2d 182 (Fla.1983); Mosely v. DeMoya, 497 So. 2d 696 (Fla. 3d DCA 1986); United of Omaha Life Insurance Company v. Nob Hill Associates, 450 So. 2d 536 (Fla. 3d DCA 1984), cert denied, 458 So. 2d 274 (Fla.1984); Winchester Corporation v. Miami Free Zone Corporation, 443 So. 2d 1064 (Fla. 3d DCA 1984); Buckner v. Lower Florida Keys Hospital District, 403 So. 2d 1025 (Fla. 3d DCA 1981); Ethyl Corp. v. Balter, 386 So. 2d 1220 (Fla. 3d DCA 1980); cert. denied, 392 So. 2d 1371 (Fla.1981); Catania v. Eastern Airlines, Inc., 381 So. 2d 265 (Fla. 3d DCA 1980); Stringfellow v. Breidegam, 138 So. 2d 75 (Fla. 3d DCA 1962); Copperweld Corporation v. Independence Tube Corporation, 467 U.S. 752, 104 S.Ct. 2731, 81 L.Ed.2d 628 (1984); Davis & Cox v. Summa Corporation, 751 F. 2d 1507 (9th Cir.1985); Larry R. George Sales Company v. Cool Attic Corporation, 587 F. 2d 266 (5th Cir.1979); Dumbrowski v. Dowling, 459 F. 2d 190 (7th Cir.1972); Bryant Heating and Air Conditioning Corp. v. Carrier Corporation, 597 F.Supp. 1045 (S.D. Fla.1984); Ingram v. South Central Bell Telephone Company, 516 F.Supp. 65 (N.D. Miss.1980) Jewel Foliage Company v. Uniflora Overseas Florida, Inc., 497 F.Supp. 513 (M.D. Fla.1980); Section 542.32, Florida Statutes (1980 Supp.).


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Citator

Cited By

  • Rand Hoch v. Rissman, 742 So. 2d 451 (Fla. 5th DCA 1999)
    …rticle or which are otherwise known or available to the reader or listener as a member of the public. Miami Child’s World, Inc. v. Sunbeam Television Corporation, 669 So. 2d 386 (Fla. 3d DCA 1996); Scandinavian World Cruises (Bahamas) Ltd. v. Ergle, 525 So. 2d 1012 (Fla. 4th DCA), rev. denied, 536 So. 2d 244 (Fla.1988); Sullivan; From. Mixed expression of opinion occurs when an opinion or comment is made which is based upon facts regarding the plaintiff or his conduct that have not been stated in the article o…
  • Zorc v. Jordan, 765 So. 2d 768 (Fla. 4th DCA 2000)
    …e trial court should have entered a directed verdict in favor of appellant. Harte-Hanks, 491 U.S. at 666 n. 7, 109 S.Ct. 2678. See New York Times, 376 U.S. at 254, 84 S.Ct. 710; see also Seropian, 652 So. 2d 490; Scandinavian World Cruises v. Ergle, 525 So. 2d 1012 (Fla. 4th DCA 1988); Friedgood, 521 So. 2d at 242; Milkovich v. Lorain Journal Co., 497 U.S. 1, 18-19, 110 S.Ct. 2695, 111 L.Ed.2d 1 (1990). Having concluded that the statements were opinions based on facts that were not false, we do not need to rea…

Authorities Cited (14 total)

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