AULD v. HOLLY

Nos. 78-2657, 79-972.

418 So.2d 1020 (1982)

Albert W. AULD, M.D., Appellant, v. Eugene HOLLY, M.D., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied September 20, 1982.


Attorney(s) appearing for the Case

Edna L. Caruso, West Palm Beach, and Stephen Cahen, Miami, for appellant.

Marjorie Gadarian Graham of Jones & Foster, P.A., West Palm Beach, for appellee-Eugene Holly, M.D.

Michael B. Davis of Walton, Lantaff, Schroeder, Carson & Wahl, West Palm Beach, for appellee-Hubert L. Rosomoff, M.D.

Rosemary Cooney and John S. Wilbur, Jr., of Paxton, Crow, Taplin & Bragg, P.A., West Palm Beach, for appellee-Robert S. Tolmach, M.D.

Kent S. Pratt of Law Office of Frank G. Cibula, Jr., West Palm Beach, for appellee-Albert Ehlert, M.D.


PER CURIAM.

This is an appeal from a judgment rendered in favor of the defendants (the appellees) in a defamation action. The principal issues are (1) whether the trial court erred in limiting discovery based on Section 768.40, Florida Statutes (1977), and (2) whether the trial court improperly instructed the jury on the elements necessary to prove slander. We reverse and remand for a new trial.1

The plaintiff below, Dr. Auld ...

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