PIVER v. HOBERMAN

No. 68-342.

220 So.2d 408 (1969)

Dan PIVER, Appellant, v. Louis B. HOBERMAN and Estelle E. Hoberman, His Wife, Walter Shwitzer and Marion Shwitzer, His Wife, Joseph Rich and Dorothy B. Rich, His Wife, Edith Zuckerman, Jacob Bernstein, Herbert H. Mendell, Jr. and Josephine R. Mendell, His Wife, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 10, 1969.


Attorney(s) appearing for the Case

Herman Grayson, Miami Beach, for appellant.

Shevin, Goodman & Holtzman, and Jerome H. Shevin, Miami, for appellees.

Before PEARSON, HENDRY and SWANN, JJ.


PER CURIAM.

Dan Piver appeals from an order dismissing his second amended complaint with prejudice for failure to state a cause of action. The complaint charged the appellees with libel of the appellant and conspiracy to libel the appellant.

The appellant was a councilman in the City of North Miami Beach. In his complaint he alleges that the appellees with actual malice toward him circulated a petition for his recall as councilman and that the statement of...

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