FERGUSON, Judge.
This appeal questions the applicability of Section 770.01, Florida Statutes (1983) — which requires a complainant to give a defendant five days' prior notice for the purpose of apology or retraction before an action for libel or slander may commence — where allegedly defamatory statements were made by a private citizen over an emergency channel of a citizen's band radio.
The complaint alleges that defendant, while flying a small...
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