ROBERT M. BRAKE, APPELLANT,
v.
DON SHOEMAKER, THE MIAMI HERALD PUBLISHING COMPANY, A FLORIDA CORPORATION, AND FRED SHERMAN, APPELLEES
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The Florida District Court of Appeal affirmed a trial court's dismissal of a libel action, holding that the complaint failed to state a cause of action under the standards established by the Supreme Court in New York Times Co. v. Sullivan.
No, the complaint failed to state a cause of action for libel because it did not meet the constitutional standards required for such claims.
“In this action for libel the trial court first denied a motion of defendants to dismiss the complaint for failure to state a cause of action.”
Describes the initial procedural posture of the case.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff filed a libel action against the defendants. The trial court initially denied a motion to dismiss but later granted the defendants' rene…
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In this action for libel the trial court first denied a motion of defendants to dismiss the complaint for failure to state a cause of action. Thereafter the defendants answered and moved for summary judgment, and the plaintiff moved for summary judgment as to liability. These motions were supported and opposed respectively by evidentiary matter. After hearing but prior to a ruling thereon the pleadings were amended, and defendants renewed their motion to dismiss. Thereupon the trial court entered the order from which the plaintiff now appeals, denying the motions for summary judgment, granting the defendants’ motion to dismiss for failure to state a cause of action and dismissing the cause. On consideration of the record and briefs, we affirm on authority of New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686. See also Curtis Publishing Company v. Butts, 388 U.S. 130, 87 S.Ct. 1975, 18 L.Ed.2d 1094.
Affirmed.
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Citator
Cited By
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Brake v. Shoemaker, 214 So. 2d 620 (Fla. 1968)…Certiorari denied without opinion. 208 So. 2d 107.…
Authorities Cited
- N.Y. Times Co. v. Sullivan, 376 U.S. 254 (U.S. 1964)
- Curtis Publ'g Co. v. Butts, 388 U.S. 130 (U.S. 1967)