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COBB'S AUTO SALES, INC. v. MELVIN COLEMAN

No. 76-2655.

353 So.2d 922 (1978)

COBB's AUTO SALES, INC., Appellant, v. MELVIN COLEMAN, As Sheriff of and for Orange County, Florida, the Sentinel Star Company, the Outlet Company d/b/a WDBO Channel 6, Central Nine Corporation, Florida Heartland Television, Inc., All Florida Corporations Operating As a Joint Venture Known As, Channel Nine of Orlando, Cowles Florida Broadcasting, Inc. d/b/a WESH-TV, Nbc Channel 2, and the City of Orlando, a Municipal Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

January 4, 1978.

Attorney(s) appearing for the Case

J. Russell Hornsby, Law Offices of J. Russell Hornsby, P.A., Orlando, for appellant.

Chris W. Altenbernd of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellee Melvin Coleman.

ANSTEAD, Judge.

This is an appeal from the dismissal of a defamation action brought by the appellant, Cobb's Auto Sales, Inc., against the appellee, Melvin Coleman. The issue is whether Florida Statute 768.28 relating to the waiver of sovereign immunity in tort cases affects the defense of privilege successfully asserted by the sheriff in the trial court.

As an executive officer the sheriff enjoys an absolute privilege as to any statements he makes incidental...

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