DAVID E. WILSON, APPELLANT,
v.
NEWS-PRESS PUBLISHING CO., APPELLEE
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Wilson sued News-Press Publishing Company for defamation based on an allegedly false article claiming federal officials discovered he had sold an airplane to a drug dealer. The circuit court dismissed the complaint without specific findings, but the appellate court reversed, finding Wilson had sufficiently pleaded a defamation claim against a public official under New York Times v. Sullivan.
Wilson sufficiently pleaded a defamation cause of action. The circuit court's dismissal was improper because on a motion to dismiss for failure to state a cause of action, the court must accept all allegations as true and resolve inferences in the plaintiff's favor, and Wilson alleged facts supporting falsity and actual malice.
[1] On a motion to dismiss for failure to state a cause of action, a circuit court must consider only the four corners of the complaint, accept the plaintiff's allegations as…
[2] A complaint should not be dismissed with prejudice if it is actionable on any ground; instead, the plaintiff should be given an opportunity to amend.
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Join FLexlaw to unlock all legal intelligence“on a motion to dismiss for failure to state a cause of action, the circuit court may look only within the four corners of the complaint, must accept the plaintiffs allegations as true, and must resolve all inferences in the plaintiffs favor.”
Establishes the standard of review for motions to dismiss for failure to state a cause of action
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Join FLexlaw to unlock all legal intelligenceWilson, an Undersheriff at the Lee County Sheriff's Department, filed a 40-page complaint with 14 exhibits and 118 paragraphs alleging that News-Press…
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NORTHCUTT, Judge.
David Wilson challenges the circuit court’s dismissal of his action against the News-Press Publishing Company based on an allegedly defamatory article about him. We reverse.
Wilson filed a 40-page complaint containing 14 exhibits and 118 paragraphs, most of which set out factual allegations. The News-Press responded with a motion to dismiss the complaint, or alternatively to strike certain of its allegations. The motion was accompanied by a 21-page memorandum of law. The court granted the News-Press’s motion and dismissed the complaint on the basis that “the alleged defamatory statements contained in the Complaint are non-actionable for the reasons set forth” in the News-Press’s motion and memorandum.
We first note that on a motion to dismiss for failure to state a cause of action, the circuit court may look only within the four corners of the complaint, must accept the plaintiffs allegations as true, and must resolve all inferences in the plaintiffs favor. See Mettler, Inc. v. Ellen Tracy, Inc., 648 So. 2d 253 (Fla. 2d DCA 1994). Additionally, a court should not dismiss a complaint with prejudice if it is actionable on any ground. See Drakeford v. Barnett Bank of Tampa, 694 So. 2d 822 (Fla. 2d DCA 1997); see also Dockery v. Florida Democratic Party, 719 So. 2d 9 (Fla. 2d DCA 1998). Instead, the plaintiff should be given an opportunity to amend the complaint.
Because the circuit court’s order contains no specific legal or factual findings, we have been required to attempt to determine the grounds for the dismissal in order to perform meaningful appellate review. A circuit court is not always required to state its reasoning with particularity, but the appellate review process is more effective when it does. See Steigman v. Danese, 502 So. 2d 463, 465 (Fla. 1st DCA 1987), disapproved on other grounds by, Spohr v. Berryman, 589 So. 2d 225 (Fla.1991). In any event, our review has uncovered at least one actionable ground in the complaint. This is sufficient to reverse the dismissal under Drakeford.
Wilson alleged that the article published by the News-Press contained a statement that federal officials discovered he had sold an airplane to a major drug dealer. He set out facts that supported his assertion that this statement was false and that the News-Press published the statement with actual malice, that is, it knew of the statement’s falsity or published with reckless disregard for whether it was false or not. Wilson claimed that his reputation was injured as a result of the statement and that he was damaged. In other words, he sufficiently pleaded a cause of action for defamation against a public official.1 See New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964).
We reverse with directions to reinstate Wilson’s complaint. We offer no opinion on whether the rest of the complaint states a cause of action, or on the merits of Wilson’s action. We also will not address the newspaper’s arguments concerning punitive damages and attorney’s fees because the circuit court’s order did not touch on these issues. On remand, the News-Press may reassert its motion. If the circuit court believes certain allegations in the complaint fail to state a cause of action or should be stricken, it should give Wilson the opportunity to amend. But we once again repeat this admonition to the litigants: a motion to dismiss should not be used as a substitute for a motion for summary judgment or a motion for judgment on the pleadings. See Lowery v. Lowery, 654 So. 2d 1218, 1219 (Fla. 2d DCA 1995).
Reversed and remanded.
CAMPBELL, A.C.J., and STRINGER, J., Concur. . When the News-Press published the article, Wilson was the Undersheriff at the Lee County Sheriff's Department. We have assumed, based on the allegations in his complaint, that he is a public figure for purposes of a defamation claim, and is therefore required to prove actual malice. Our assumption should not be read as a decision on the merits of whether he is a public figure.
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Fla. Farm Bureau Gen. Ins. Co. v. Ins. Co. OF N. Am., 763 So. 2d 429 (Fla. 5th DCA 2000)…tter of law to allege a cause of action for equitable subrogation. Therefore, the trial court in the instant case was correct in dismissing count III. However, leave to amend should have been granted. See Gate Lands; Wilson v. News-Press Publ’g Co., 738 So. 2d 1000, 1001 (Fla. 2d DCA 1999) (“[A] court should not dismiss a complaint with prejudice if it is actionable on any ground.”). IV. The Release INA argues that the release executed by the decedent’s estate releasing Kenneth, Myron, FFB, and INA from liab…
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Gowan v. BAY Cnty., 744 So. 2d 1136 (Fla. 1st DCA 1999)…to state a cause of action, the circuit court may look only within the four corners of the complaint, must accept the plaintiffs allegations as true, and must resolve all inferences in the plaintiffs favor.” See Wilson v. News-Press Publishing Co., 738 So. 2d 1000 (Fla. 2d DCA 1999). See also Gladstone v. Smith, 729 So. 2d 1002, 1003 (Fla. 4th DCA 1999)(“A claim should not be dismissed with prejudice ‘without giving the plaintiff an opportunity to amend the defective pleading, unless it is apparent that the p…
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Randles v. Moore, 780 So. 2d 158 (Fla. 2d DCA 2001)…to dismiss is de novo. See W.R. Townsend Contracting, Inc. v. Jensen Civil Constr., Inc., 728 So. 2d 297. (Fla. 1st DCA 1999). Additionally, we must limit our examination to the four corners of the complaint. See Wilson v. News-Press Publishing Co., 738 So. 2d 1000, 1001 (Fla. 2d DCA 1999). An affirmative defense may be a basis for a motion to dismiss only if it appears within the four corners of the complaint. See Lowery v. Lowery, 654 So. 2d 1218, 1219 (Fla. 2d DCA 1995). For the court to dismiss the compla…
Previewing 3 of 13 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)
- Spohr v. Berryman, 589 So. 2d 225 (Fla. 1991)
- Helene A. Steigman v. Danese, 502 So. 2d 463 (Fla. 1st DCA 1987)
- Mettler, Inc. v. Ellen Tracy, Inc., 648 So. 2d 253 (Fla. 2d DCA 1994)
- Walter H.C. Drakeford v. Barnett Bank OF Tampa, 694 So. 2d 822 (Fla. 2d DCA 1997)
- Lowery v. Lowery, 654 So. 2d 1218 (Fla. 2d DCA 1995)
- C.C. "Doc" Dockery v. Florida Democratic Party and Steve Pincket, 719 So. 2d 9 (Fla. 2d DCA 1998)