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CORBO v. MIAMI DAILY NEWS, INC.

No. 78-1346.

371 So.2d 1066 (1979)

Blas Jesus CORBO, Appellant, v. The MIAMI DAILY NEWS, INC., and Hilda Inclan, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 5, 1979.

Attorney(s) appearing for the Case

Nathan Kurtz, Miami, for appellant.

Joseph P. Averill, Miami, for appellees.

Before PEARSON, HENDRY and BARKDULL, JJ.

PER CURIAM.

The complaint, which alleges libel, is fatally defective in that the plaintiff has failed to allege compliance with Section 770.01, Florida Statutes (1977). See Hevey v. News-Journal Corporation, 148 So.2d 543 (Fla. 1st DCA 1963). Nevertheless, the trial court allowed discovery and, thereafter, entered a summary final judgment for the defendants. The discovery fully supported the judgment because no genuine issue...

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