ELNORA JACKSON AND E.J. JACKSON, HER HUSBAND, APPELLANTS,
v.
BELLSOUTH MOBILITY, INC., AND LOUISE CALVERT, APPELLEES
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.
Elnora Jackson appealed the trial court's dismissal of her third amended complaint alleging slander and defamation by a BellSouth Mobility manager. The Fourth District reversed, holding that the pleadings adequately stated a cause of action for defamation.
The court held that the pleadings adequately stated a cause of action for slander and defamation, and therefore the trial court erred in dismissing the complaint for failure to state a cause of action.
[1] A complaint alleging false accusations of falsifying company records and fraudulently obtaining gift items, made with express malice and known to be false by the accuser,…
[2] Allegations that defamatory statements were communicated to fellow employees and friends are sufficient to establish publication in a slander action.
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“The false and defamatory statements were communicated by Louise Calvert to fellow employees and friends of the Plaintiff.”
Establishes the element of communication to third parties necessary for a defamation claim
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn February 10, 1989, BellSouth Mobility manager Louise Calvert met with Elnora Jackson at corporate offices and falsely accused her of falsifying com…
The full statement of facts, procedural history, and disposition for this case are member content.
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[*1086] PER CURIAM.
The trial court dismissed the third amended complaint with prejudice for failure to state a cause of action. We reverse.
The pleading alleged:
4. On February 10, 1989, the Defendant, BMI, through one of its managers, Louise Calvert, met with the Plaintiff at the corporate offices and falsely accused her of falsifying company records and fraudulently obtaining various gift items. These allegations by the Defendant’s manager, Louise Calvert, were lies and known by Louise Calvert to be false and done with express malice and for the sole purpose of defaming the Plaintiff, Elnora Jackson. The allegations were tantamount to theft and conversion and were slanderous, per se. The statements by Louise Calvert were made in the course and scope of her employment and subsequently condoned by the Defendant, BMI.
5. The false and defamatory statements were communicated by Louise Calvert to fellow employees and friends of the Plaintiff.
6. As a proximate result of the Defendant’s termination as an employee and in discharging the Plaintiff from her employment, the Plaintiffs reputation has been damaged and it has become virtually impossible for her to obtain employment, particularly of an equal caliber. The Plaintiff has been denied as a result of her unjust discharge the various fringe benefits incidental to her employment and further as a direct and proximate result of the slander committed by the Defendant’s agents and employees, Plaintiff has suffered extreme humiliation, embarrassment and mental anguishment for which damages are recoverable.
In our view, the foregoing allegations stated a cause of action. See Nodar v. Galbreath, 462 So. 2d 803 (Fla.1984); Healy v. Suntrust Serv. Corp., 569 So. 2d 458 (Fla. 5th DCA 1990); Victor v. News & Sun Sentinel Co., 467 So. 2d 499 (Fla. 4th DCA 1985); Arison Shipping Co. v. Smith, 311 So. 2d 739 (Fla. 3d DCA 1975).
GLICKSTEIN and POLEN, JJ., and DONNER, AMY STEELE, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Salit v. Ruden, 742 So. 2d 381 (Fla. 4th DCA 1999)…alit and Lobel sue the law firm for defamation, a count which involves damage to their personal reputations. See Sailboat Key, 378 So. 2d at 48. The amended complaint adequately states a claim for defamation. See Jackson v. Bellsouth Mobility, Inc., 626 So. 2d 1085, 1086 (Fla. 4th DCA 1993); Southern Bell Tel. & Tel. Co. v. Barnes, 443 So. 2d 1085 (Fla. 3d DCA 1984). The order dismissing the amended complaint with prejudice is reversed and the case is remanded to the trial court, where appellants shall have l…
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Elnora Jackson and EJ. Jackson v. Bellsouth Mobility, Inc., 657 So. 2d 963 (Fla. 4th DCA 1995)…KLEIN, Judge. This ease is before us for the second time. We previously reversed the trial court’s dismissal of appellants’ complaint for failure to state a cause of action in Jackson v. Bellsouth Mobility, Inc., 626 So. 2d 1085 (Fla. 4th DCA 1993). We now reverse a summary judgment in favor of BellSouth. [*964] The basis of plaintiffs’ complaint for defamation is that the defendant falsely accused her of “falsifying company records and fraudulently obtaining various gift i…
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Aloito-Alexander v. Toll Bros., Inc., 884 So. 2d 427 (Fla. 4th DCA 2004)…everse as to Toll Bros., Inc., as well, on the basis of respondeat superi- or since there were allegations in the complaint suggesting that Toll Bros., as employer, condoned Barr’s alleged defamatory conduct. See Jackson v. Bellsouth Mobility, Inc., 626 So. 2d 1085 (Fla. 4th DCA 1993). We make no ruling on the merits of this claim; we simply hold that the count should not have been dismissed as a matter of law at this stage of the litigation. Accordingly, the order of the trial court dismissing with prejudic…
Authorities Cited
- Nodar v. Galbreath, 462 So. 2d 803 (Fla. 1984)
- Arison Shipping Co. v. Smith, 311 So. 2d 739 (Fla. 3d DCA 1975)
- Barnett Banks Tr. Co., N.A. v. Titusville Assocs., Ltd., 569 So. 2d 458 (Fla. 1st DCA 1990)
- Healy v. Suntrust Serv. Corp., 569 So. 2d 458 (Fla. 5th DCA 1990)
- Caralyne Saporito v. Saporito, 467 So. 2d 499 (Fla. 4th DCA 1985)