COHEN v. SPIZZ

Nos. 85-2301, 85-2302.

493 So.2d 5 (1986)

Alan COHEN and Joel Cohen, Appellants, v. Harvey SPIZZ and Ada Turkish Trask, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing August 12, 1986.

Second Rehearing Denied September 12, 1986.


Attorney(s) appearing for the Case

Milton E. Grusmark, North Miami, for appellants.

Kimbrell & Hamann and Matthew F. Minno, Blackwell, Walker, Fascell & Hoehl and Todd A. Cowart, Miami, for appellees.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.


PER CURIAM.

The final order dismissing the complaint herein is reversed and the cause is remanded to the trial court for further proceedings. We reach this result based on the following briefly stated legal analysis.

First, the subject complaint stated, without dispute, a valid cause of action for libel. Second, the subject complaint does not plead, as urged, sufficient facts showing that the alleged defamatory statements were absolutely privileged...

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