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FORMAN v. MURPHY

No. 84-2397.

501 So.2d 640 (1986)

Marvin D. FORMAN, Underwriters at Lloyd's of London, International Surplus Lines Insurance Company, Appellants/Cross Appellees, v. Harold MURPHY, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certified Question Denied February 18, 1987.

Attorney(s) appearing for the Case

John C. Randolph and Maureen A. Hackett of Johnston, Sasser, Randolph & Weaver, West Palm Beach, for appellants/cross-appellees.

Montgomery, Lytal, Reiter, Denney & Searcy, P.A., and Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, for appellee/cross-appellant.

D. Culver Smith, III, Donald M. Middlebrooks, L. Martin Reeder, Jr., Thomas R. Julin, and Joan H. Lowenstein of Steel Hector Davis Burns & Middleton, Palm Beach, and Ray Ferrero, Jr., of Ferrero, Middlebrooks, Strickland & Fischer, Fort Lauderdale, for amici curiae-Palm Beach Newspapers, Inc., Scripps-Howard Broadcasting Co., News & Sun Sentinel Co., and Photo Electronics Corp.

GLICKSTEIN, Judge.

The defendant/police lieutenant appeals a defamation award against him in favor of the plaintiff/police sergeant. We reverse and remand with direction to enter final judgment for the defendant. The plaintiff cross appeals the trial court's order, which granted another police lieutenant's motion for judgment notwithstanding the verdict. We affirm the cross appeal.

We hold that the communications in question were both clearly made within the...

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