BETTY J. CARTER, APPELLANT,
v.
STERLING FINANCE CO., A CORPORATION, APPELLEE

Fla. 1st DCA | 1961-08-22
No. C-357
CARROLL, DONALD K., Chief Judge, and WIGGINTON, J., concur.
132 So. 2d 430 Florida District Court of Appeal, First District (1961) Positive Treatment
Cited by 10 cases

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Synopsis

The court reversed the dismissal of a slander complaint, holding that calling someone a "deadbeat and not an honest person" constitutes slander per se because these words, construed as understood by the common mind, necessarily injure a person's personal, social, and business relations.


Holding

Yes. The words constitute slander per se and state a cause of action. Construed according to how the common mind would understand them, the words "deadbeat" and "not an honest person" fall within established slander per se doctrines, as they necessarily injure a person in personal, social, official and business relations.


Key Quotes

“Where a publication is false and not privileged, and is such that its natural and proximate consequence necessarily causes injury to a person in his personal, social, official or business relations of life, wrong and injury are presumed or implied, and such publication is actionable per se.”

Establishes the Sharp v. Bussey test for slander per se, expanding beyond the Campbell categories to include statements whose natural consequence necessarily injures one's personal, social, official or business relations

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Facts & Procedural History

Betty Carter filed a third amended slander complaint alleging that Sterling Finance Co. maliciously spoke false and defamatory words about her on Marc…

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Opinion of the Court
RAWLS, Judge.

RAWLS, Judge.

The appellant, plaintiff below, filed her third amended complaint in a slander action against the appellee, defendant below. The trial judge held that the complaint, as amended, failed to state a cause of action in that the words alleged to have been spoken by appellee were not slanderous per se. This appeal is from the order dismissing plaintiff’s complaint.

The complaint, as amended, alleged that plaintiff was a person of good name, credit and reputation and deservedly enjoyed the esteem and good opinion of her neighbors and other worthy citizens of the state; that defendant, well knowing the premises, but wickedly and maliciously intending to injure plaintiff and bring her in public scandal and disgrace, on or about March 6, 1960, in the City of Jacksonville, Florida, wickedly and maliciously spoke and published of and concerning the plaintiff the false, scandalous, malicious and defamatory words following, that is to say, “Betty Carter is a deadbeat and not an honest person,” as a result plaintiff was injured in her good name, fame and reputation and was caused to be humiliated and embarrassed and brought into public scandal and disgrace and plaintiff was to be caused to suffer great physical and mental pain and anguish and plaintiff zvas injured and damaged in her personal, social, official and business relations (emphasis supplied) and in her credit standing and position, and plaintiff claims exemplary and punitive damages in addition to compensatory damages.

The question to be resolved on this appeal is: Whether the words “Betty Carter is a deadbeat and not an honest person,” are slanderous per se and coupled with other pertinent portions of plaintiff’s complaint, as amended, states a cause of action ? We think the question should be answered in the affirmative.

Florida case law is well developed in distinguishing slander per se and slander per quod. The defendant places great emphasis on Campbell v. Jacksonville Kennel Club, Fla.1953, 66 So.2d 495, 497, in which the Court stated :

“It is established in most jurisdictions that an oral communication is actionable per se — that is, without a showing of special damage — if it imputes to another (a) a criminal offense amounting to a felony, or (b) a presently existing venereal or other loathsome and communicable disease, or (c) conduct, characteristics, or a condition incompatible with the proper exercise of his lawful business, trade, profession, or office, or (d) the other being a woman, acts of unchastity. See Restatement, Torts, Section 570.”

However, in Sharp v. Bussey, 1939, 137 Fla. 96, 187 So. 779, 780, 121 A.L.R. 1148, the Supreme Court of Florida laid down an additional basis for slander per se in which caSe the Court stated:

“Where a publication is false and not privileged, and is such that its natural and proximate consequence necessarily causes injury to a person in his personal, social, official or business relations of life, wrong and injury are presumed or implied, and such publication is actionable per se.”

Joopanenko v. Gavagan, Fla.1953, 67 So.2d 434, was a similar case to the one that is now under consideration. In that case it was alleged that the defendant spoke the following words in the presence of 1,500 people: “Don’t let that man speak, I know him and he is a communist.” The trial judge dismissed the complaint on the grounds that such statement did not come within the purview of the factors enumerated in Campbell v. Jacksonville Kennel Club, supra.

*432In reversing the trial judge, Mr. Justice Mathews speaking for the Court, stated:

“It should be noted that the Court below based its order upon the failure of the amended complaint to charge (a) a criminal offense, or (b) a present existing venereal or other loathsome and communicable disease, or (c) conduct, characteristics or a condition incompatible with the proper exercise of his lawful business, trade, profession or office.”

and again reiterated the Florida doctrine enunciated in Sharp v. Bussey, supra.

Consequently, the question must be resolved by interpreting the words “deadbeat” and “not an honest person.”

In the Joopanenko v. Gavagan case, supra, the Court stated:

“In determining the basic question of whether certain language is defamatory, so as to give rise to an action for slander, the words used ‘are not to be construed or taken in their mildest or most grievous sense, but in that sense in which they may be understood and in which they appear to have been used and according to the ideas which they were adopted to convey to those who hear them or to whom they are addressed.’ Budd v. J. Y. Gooch Co., 157 Fla. 716, 27 So.2d 72, 74. The publication made should be construed as the common mind would understand it. Cooper v. Miami Herald Pub. Co., 159 Fla. 296, 31 So.2d 382; Richard v. Gray, Fla., 62 So.2d 597; Sharp v. Bussey, 137 Fla. 96, 187 So. 779, 121 A.L.R. 1148.”

Webster’s New International Dictionary Second Edition, unabridged, G & C Merriam Company, Page 674, defines deadbeat as “a man without financial resources, a sponge, a beat”; and on page 748, it defines dishonesty as: “want of honesty; probity or integrity in principle; want of fairness and straightforwardness; a disposition to defraud, deceive or betray; faithlessness.” In Commander v. Pedersen, 1934, 116 Fla. 148, 156 So. 337, 340, the Florida Supreme Court in holding that calling a man a “crook” was slander per se stated:

“The word ‘crook’ has come to have a very definite meaning amongst the people of all English speaking countries. To charge that one is a ‘crook’ is in effect to charge that such a one is unscrupulous, dishonest, and not worthy of confidence and, therefore, a person deliberately and outside of a privileged communication charges, either orally or in writing, that another is a ‘crook’ such language is actionable per se * * * ”

We are of the opinion that construing the words “deadbeat and not an honest person” according to the ideas which they were adopted to convey to those who hear them or to whom they are addressed, brings them within the previous slander per se doctrines enunciated in this jurisdiction.

Defendant lays great stress on the lack of an allegation pertaining to plaintiff’s trade or business. It is well settled that a motion to dismiss admits all allegations well pleaded for the purpose of testing the sufficiency of a complaint, F.R.C.P. 1.11, Vol. 2, Annotations to Official Florida Statutes, 30 F.S.A.; therefore, at this stage of the cause, it is admitted that plaintiff was injured and damaged in her “personal, social, official and business relations.”

The ability of plaintiff to prove her allegations is not before us, and this decision applies solely to the sufficiency of plaintiff’s complaint to withstand a motion to dismiss. We hold that the complaint states a cause of action.

The order dismissing the third amended complaint is reversed for further proceedings in line with this opinion.

CARROLL, DONALD K., Chief Judge, and WIGGINTON, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Orlovsky v. Solid Surf, Inc., 405 So. 2d 1363 (Fla. 4th DCA 1981)
    …t the complaint sufficiently states a cause of action against Spence. For purposes of a motion to dismiss, all facts of the complaint are accepted as true. Fletcher v. Williams, 153 So. 2d 759 (Fla. 1st DCA 1963); Carter v. Sterling Finance Company, 132 So. 2d 430 (Fla. 1st DCA 1961); Nunez v. Alford, 117 So. 2d 208 (Fla.2d DCA 1960). A motion to dismiss should not be granted if the pleader sets forth facts in his complaint upon which relief can be granted on any theory. Martin v. Highway Equipment Supply Co.…
  • Owner's Adjustment Bureau, Inc. v. OTT, 402 So. 2d 466 (Fla. 3d DCA 1981)
    …ns the letter constitutes a libel per se as a matter of law.. Campbell v. Jacksonville Kennel Club, 66 So. 2d 495 (Fla. 1953); Air Line Employees Association International v. Turner, 291 So. 2d 670 (Fla. 3d DCA 1974); Carter v. Sterling Finance Co., 132 So. 2d 430 (Fla. 1st DCA 1961). See Sharp v. Bussey, 137 Fla. 96, 187 So. 779 (1939). We must, however, for the reasons stated earlier in this opinion, reverse the final judgment and summary judgment on liability and remand the cause to the trial court for fu…
  • Sprovero v. Miller, 404 So. 2d 793 (Fla. 3d DCA 1981)
    …r per se. Campbell v. Jacksonville Kennel Club, Inc., 66 So. 2d 495, 497 (Fla. 1953); Commander v. Pedersen, 116 Fla. 148, 156 So. 337 (1934); Owner’s Adjustment Bureau, Inc. v. Ott, 402 So. 2d 466 (Fla. 3d DCA 1981); Carter v. Sterling Finance Co., 132 So. 2d 430 (Fla. 1st DCA 1961). This result is not changed by the fact that some or all of the slanderous statements may have had reference to single acts of misconduct allegedly committed by the plaintiff as, in any event, these alleged acts fairly implied th…

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