SOUTHERN AMERICAN FIRE INSURANCE COMPANY, ETC., PETITIONER,
v.
BERTHA M. MAXWELL ET AL., RESPONDENTS

Fla. | 1973-05-30
No. 43757
ROBERTS, Acting C. J., and ERVIN, ADKINS, BOYD and McCAIN, JJ., concur.
279 So. 2d 32 Florida Supreme Court (1973) Positive Treatment
Cited by 11 cases

Opinion of the Court

Certiorari dismissed. 274 So.2d 579.

ROBERTS, Acting C. J., and ERVIN, ADKINS, BOYD and McCAIN, JJ., concur.


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    …6 N.Y.S.2d 869 (1986). Other statements are more questionable, and require submission to the trier of fact rather than resolution by the court as a matter of law. See, e.g., Perry, supra; Wolfson v. Kirk, 273 So. 2d 774 (Fla. 4th DCA), cert. denied, 279 So. 2d 32 (Fla.1973). In the Falwell case the question of whether a suggestion that Reverend Falwell engaged in a sexual act in an outhouse with his mother could be understood as describing an actual fact, or was merely an absurd parody, was submitted for a j…
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    …en by Ott on October 27, 1977. Where a communication is reasonably susceptible of only one meaning, then it is for the court to determine as a matter of law whether it is libelous or not, Wolfson v. Kirk, 273 So. 2d 774 (Fla. 4th DCA), cert. denied, 279 So. 2d 32 (Fla. 1973); Restatement (Second) of Torts § 614 (1976), and if the court determines the communication is libelous, it is for the court to further determine whether it is libel per se or libel per quod.3 While ordinarily an accusation that one has…
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  • Scholz v. RDV Sports, Inc., 710 So. 2d 618 (Fla. 5th DCA 1998)
    …le to infer that persons hearing the same and possessed of a common mind might have taken it to mean that the plaintiff was a person with whom commercial relations were undesirable.” Wolfson v. Kirk, 273 So. 2d 774, 778 (Fla. 4th DCA), cert. denied, 279 So. 2d 32 (Fla.1973). The instant record reveals that, contrary to the trial court’s ruling, Scholz had presented a prima facia case of defamation by presenting evidence that the Magic’s statements were untrue, and by establishing [*626] the context in which…

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