ROBERT W. RAGLE AND CHERYL RAGLE, HIS WIFE, APPELLANTS,

v.

FIREMEN'S FUND INS. CO., APPELLEE

Citator

Cited By

• Shem Lewis v. Evans, 406 So. 2d 489 (Fla. 2d DCA 1981)
  …it is sometimes called, raises a presumption of lack of malice and places upon the claimant the burden of proving malice in fact. Appell v. Dickinson, 73 So. 2d 824 (Fla.1954). . Appellee seizes upon certain language in Cape Publications v. Adams, 336 So. 2d 1197 (Fla. 4th DCA 1976) and asserts that proof of actual malice must have “convincing clarity.” We note that the author of Cape took that phrase from New York Times v. Sullivan, supra. We are satisfied that neither Cape nor New York Times intended to ch…
• Early v. Palm Beach Newspapers, Inc., 354 So. 2d 351 (Fla. 1977)
  …(1897), Montgomery v. Knox, 23 Fla. 595, 3 So. 211 (1887), Myers v. Hodges, 53 Fla. 197, 44 So. 357 (1907), Firestone v. Time, Inc., Fla., 305 So. 2d 172, cert. granted, 421 U.S. 909, 95 S.Ct. 1557, 43 L.Ed.2d 773. Cape Publications, Inc. v. Adams, 336 So. 2d 1197 (Fla.4th DCA), opinion filed August 27, 1976, was an appeal from substantial verdicts and judgments in a libel action. In considering the evidence “in the light most favorable to the verdict,” the court held that there was “[Cjlear and convincing s…
• Coleman v. Palmer W. Collins, 384 So. 2d 229 (Fla. 5th DCA 1980)
  …ANSTEAD, HARRY L., and DAKAN, STEPHEN LEE, Associate Judges, concur. . Although not necessary to this decision, we note that the requirement of proof of actual malice “with convincing clarity” has not been met. See Cape Publications, Inc. v. Adams, 336 So. 2d 1197 (Fla. 4th DCA 1976), cert. den. 348 So. 2d 945 (Fla.1977), cert. den. 434 U.S. 943, 98 S.Ct. 440, 54 L.Ed.2d 305 (1977).…

Authorities Cited

• Azalene Summers and D. S. Summers v. Jackson, 307 So. 2d 235 (Fla. 4th DCA 1975)
• Golphin v. The Home Indem. Co., 284 So. 2d 442 (Fla. 1st DCA 1973)
• Lange v. State Farm Mut. Auto. Ins. Co., 300 So. 2d 68 (Fla. 1st DCA 1974)