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TYLER v. GARRIS

No. 72-609.

292 So.2d 427 (1974)

Avery L. TYLER, Appellant, v. Thurston GARRIS, Appellee.

District Court of Appeal of Florida, Fourth District.

April 5, 1974.

Attorney(s) appearing for the Case

Burton E. Burdick of Burdick & Donahoe, Fort Lauderdale, for appellant.

Robert J. O'Toole, Fort Lauderdale, for appellee.

WALDEN, Judge.

The trial court directed a verdict during the course of a jury trial against the counter-claimant, Avery L. Tyler, in a libel suit against Thurston Garris. We reverse and remand with directions that the libel claimant be granted a new trial.

The libel counter claim had been earlier deemed to state a cause of action based on a letter written by Garris to the Miami Herald1 which stated that Tyler had sold

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