HENRY HILSENROTH, APPELLANT,
v.
ALFRED KESSLER, TRUSTEE AND INDIVIDUALLY, APPELLEE

Fla. 3d DCA | 1977-12-20
Nos. 76-1437 and 76-1522
Before HENDRY, C. J., and PEARSON and HUBBART, JJ.
353 So. 2d 874 Florida District Court of Appeal, Third District (1977) Positive Treatment
Cited by 26 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Kessler v. Hilsenroth, 325 So. 2d 72 (Fla. 3rd DCA 1975); Owens v. Smith, 154 So. 2d 878, 882 (Fla. 1st DCA 1963).


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  • Mueller v. THE Florida BAR, 390 So. 2d 449 (Fla. 4th DCA 1980)
    …of Boynton Beach, 372 So. 2d 195 (Fla. 4th DCA 1979). We are persuaded that public policy dictates adherence to that philosophy. Particularly apt to the situation which confronts us on this appeal is the following language from Johnson v. Carhart, 353 So. 2d 874, 876 (Fla. 3rd DCA 1977): By the foregoing, it is shown that the absolute immunity of such an official operates to relieve him from the necessity [*452] of being subjected to trial of an action based on his privileged conduct, notwithstanding that…
  • Danford v. City OF Rockledge, 387 So. 2d 967 (Fla. 5th DCA 1980)
    …t time, then the appeal of the orders granting the motions for summary judgment will be dismissed. DAUKSCH, C. J., and UPCHURCH, J., concur. . McNayr has been followed in Roberts v. Lenfestey, 264 So. 2d 449 (Fla. 2d DCA 1972); Johnson v. Carhart, 353 So. 2d 874 (Fla. 3d DCA 1977); Densmore v. City of Boca Raton, 368 So. 2d 945 (Fla. 4th DCA 1979).…
  • Skoblow v. Ameri-Manage, Inc., 483 So. 2d 809 (Fla. 3d DCA 1986)
    …“nature of the officer’s duties rather than the level of his rank.” City of Miami v. Wardlow, 403 So. 2d 414, 416 (Fla.1981). See Cripe v. Board of Regents, 358 So. 2d 244 (Fla. 1st DCA), cert. denied, 365 So. 2d 710 (Fla.1978); Johnsen v. Carhart, 353 So. 2d 874 (Fla. 3d DCA 1977). Thus, the controlling issue in deciding whether a public employee is absolutely immune from [*811] actions for defamation is whether the communication was within the scope of the employee’s duties. Wardlow, 403 So. 2d at 416. In…

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