MARY ALICE FIRESTONE, PETITIONER,
v.
TIME, INC., RESPONDENT
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This matter recurs on a decision and mandate by and from the Supreme Court of the United States, 424 U.S. 448, 96 S.Ct. 958, 47 L.Ed.2d 154 which agreed in part and disagreed in part with the opinion and judgment of this Court under review, 305 So. 2d 172, and which vacated the' opinion and judgment of this Court for further proceedings not inconsistent with the majority view expressed in its opinion. That court left undecided the question of whether or not Time, Inc. was at fault in the matter as will appear by reference to the opinion.
Accordingly, the decision of the District Court of Appeal, Fourth District, 279 So. 2d 389, which had been reviewed by this Court is likewise vacated with directions to the District Court to vacate the judgment of the trial court and for further proceedings in the trial court not inconsistent with the decision by the Supreme Court of the United States in this matter. It is so ordered.
OVERTON, C. J., and ROBERTS, ADKINS, BOYD and ENGLAND, JJ„ concur.
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The Miami Herald Publ'g Co. v. Aurelio ANE, 458 So. 2d 239 (Fla. 1984)
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The Miami Herald Publ'g Co. v. Aurelio ANE, 423 So. 2d 376 (Fla. 3d DCA 1982)…to vacate the trial court judgment previously entered in the plaintiff’s [*384] favor “for further proceedings in the trial court not inconsistent with the decision by the Supreme Court of the United States in this matter.” Firestone v. Time, Inc., 332 So. 2d 68 69 (Fla.1976). It is, therefore, clear that the ultimate decision of the Florida Supreme Court in this litigation adopted, without discussion, the Gertz-Firestone standard of negligence, and no higher standard, as the controlling law in the case whi…
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Karp v. Miami Herald Publ'g Co., 45 Fla. Supp. 183 (Fla. Cir. Ct. 1977)…eged defa^-'orv statements were false, and in addition, that defendant acted wit' some degree of fault in the writing and publication of the article In Firestone v. Time, Inc., 305 So. 2d 172 (Fla, 1974), rev’d. 424 U.S. 448 (1976) order on mandate, 332 So. 2d 68 (Fla. 1976), it was held the degree of fault applicable to defamation cases brought by private plaintiffs is negligence. 2. There is no genuine issue of material fact that defendant’s conduct in the writing and publication of the article was not ne…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Time, Inc. v. Firestone, 424 U.S. 448 (U.S. 1976)
- Firestone v. Time, Inc., 305 So. 2d 172 (Fla. 1974)
- Time, Inc. v. Firestone, 279 So. 2d 389 (Fla. 4th DCA 1973)