DAVIES v. BOSSERT

No. 83-2552.

449 So.2d 418 (1984)

Larry C. DAVIES, Appellant, v. Michael BOSSERT, Appellee.

District Court of Appeal of Florida, Third District.

May 8, 1984.


Attorney(s) appearing for the Case

Ferrell & Ferrell, and Milton Ferrell, Miami, for appellant.

Frigola, Devane & Wright and Alfredo Frigola, Marathon, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.


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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