OCALA STAR-BANNER COMPANY, A FLORIDA CORPORATION, AND LOYAL PHILLIPS, INDIVIDUALLY, APPELLANTS,
v.
LEONARD DAMRON, APPELLEE

Fla. | 1970-01-21
No. 38658
ERVIN, C. J., and ROBERTS, DREW, ADKINS and BOYD, JJ., concur.
231 So. 2d 822 Florida Supreme Court (1970) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Review having been sought by direct appeal from the District Court of Appeal, *823First District, and argument having been heard and the record having been examined, it is our opinion and we hold that the cause sub judice is not within the orbit of the jurisdiction of this court as set forth by Section 4(2), Article V, Constitution • of Florida, F.S.A. Therefore the cause is dismissed ex mero motu.

It is so ordered.

ERVIN, C. J., and ROBERTS, DREW, ADKINS and BOYD, JJ., concur.


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  • Damron v. Ocala Star-Banner, 35 Fla. Supp. 137 (Marion Cty. Cir. Ct. 1971)
    …damages. This court denied a motion for a new trial, holding the New York Times doctrine (1954, 376 U.S. 254) did not apply. The Florida District Court of Appeal affirmed at 221 So. 2d 459. The Florida Supreme Court refused to review the judgment at 231 So. 2d 822. The Supreme Court of the United States granted certiorari at 397 U.S. 1073, and reversed the judgment at 400 U.S.__, 28 L. Ed.2d 57, 91 S.Ct. 628 (2-24-71). The Supreme Court held that the burden was on plaintiff to prove express malice, i.e., a k…
  • Ocala Star-Banner Co. v. Damron, 401 U.S. 295 (U.S. 1971)
    …by the rule announced in the New York Times case. It follows therefore that the trial judge correctly held that it was unnecessary for the plaintiff to show malice.” 221 So. 2d 459, 461. The Supreme Court of Florida refused to review the judgment, 231 So. 2d 822, and we granted certiorari to consider the federal constitutional issues presented.3 397 U. S. 1073. As the mayor of Crystal River, the respondent Leonard Damron was without question a “public official” within the meaning given the term in New York…
  • Bufalino v. The Associated Press, 692 F.2d 266 (2d Cir. 1982)
    …clusion we reach here. See Foster v. Laredo Newspapers, Inc., 541 S.W. 2d 809, 815-16 (Texas 1976), cert. denied, 429 U.S. 1123, 97 S.Ct. 1160, 51 L.Ed.2d 573 (1977); Ocala Star-Banner Co. v. Damron, 221 So. 2d 459 (Fla. App.1969), appeal dismissed, 231 So. 2d 822 (Fla.1970), rev'd on other grounds, 401 U.S. 295, 91 S.Ct. 628, 28 L.Ed.2d 57 (1971). To the extent other decisions have taken a contrary position, see Goodrick v. Gannett Co., 500 F.Supp. 125 (D.Del.1980); Stone v. Essex County Newspapers, Inc., 36…

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