KURTELL & COMPANY, INC., A FLORIDA CORPORATION, AND KURT L. WALLACH, APPELLANTS,
v.
MIAMI TRIBUNE, INC., A FLORIDA CORPORATION, D/B/A MIAMI BEACH DAILY SUN, APPELLEE

Fla. 3d DCA | 1967-01-10
No. 66-304
Before PEARSON and CARROLL, JJ., .and LOPEZ, AQUILINO, Jr., Associate Judge.
193 So. 2d 471 Florida District Court of Appeal, Third District (1967) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellants, who were the -plaintiffs in the trial court, appeal a final judgment dismissing their complaint claiming actionable libel by the appellee. Attached to the complaint is a copy of the article claimed to be libelous. The trial judge determined from an examination of the article that the conclusion of law contained in appellants’ complaint that the article contained defamatory statements and inferences was not supported by the exhibit. The fact that plaintiffs may not like the way the article was written or what it says about them does not automatically provide the basis for a libel suit. See Mann v. Roosevelt Shop, Inc., Fla. 1949, 41 So.2d 894.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Sardinas v. M.C.A., Inc., 484 So. 2d 639 (Fla. 3d DCA 1986)
    …see Byrd v. Hustler Magazine, Inc., 433 So. 2d 593, 595 (Fla. 3d DCA 1983), review denied, 443 So. 2d 979 (Fla.1984); Wolfson v. Kirk, 273 So. 2d 774, 778 (Fla. 4th DCA), cert. denied, 279 So. 2d 32 (Fla.1973); Kurtell & Co. v. Miami Tribune, Inc., 193 So. 2d 471 (Fla. 3d DCA 1967), or constitute an invasion of privacy, see Jacova v. Southern Radio & Television Co., 83 So. 2d 34, 40 (Fla.1955); Boyles v. Mid-Florida Television Corp., 431 So. 2d 627, 637 (Fla. 5th DCA 1983), aff'd, 467 So. 2d 282 (Fla.1985);…
  • Swartz v. Swartz, 412 So. 2d 461 (Fla. 2d DCA 1982)
    …Soldiers’ and Sailors’ Civil Relief Act. A key factor in determining prejudice is the diligence with which a serviceman takes advantage of the opportunities to preserve the rights afforded him during the course of the litigation. Robbins v. Robbins, 193 So. 2d 471 (Fla. 2d DCA 1967). Here, although the husband received prior notice of each and every step taken in the Florida proceeding, he simply made no effort to preserve his rights at the proper time(s) once he was aware of the ongoing litigation. In Robbi…
  • Coburn v. Coburn, 412 So. 2d 947 (Fla. 3d DCA 1982)
    …hat the act should be construed liberally in the soldier’s favor. DeLoach v. Caliban, 158 Fla. 639, 30 So. 2d 910 (1947); Shayne v. Burke, 158 Fla. 61, 27 So. 2d 751 (1946); Clements v. McLeod, 155 Fla. 860, 22 So. 2d 220 (1945); Robbins v. Robbins, 193 So. 2d 471 (Fla. 2d DCA 1967). The overwhelming majority of the cases of other jurisdictions, particularly the more recent ones, hold that a court in denying a stay of proceedings under the Act should make findings that the soldier’s ability to defend is not m…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw