FLORIDA MED. CENTER, INC. v. NEW YORK POST CO.

No. 88-3309.

568 So.2d 454 (1990)

FLORIDA MEDICAL CENTER, INC., d/b/a Florida Medical Center, a Florida Corporation, Appellant, v. NEW YORK POST CO., INC., and Maxwell Newton, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied November 9, 1990.


Attorney(s) appearing for the Case

Joel S. Berman and Diane Marger Moore of Sherr, Tiballi, Fayne & Schneider, Fort Lauderdale, for appellant.

Robert L. Shevin of Stroock & Stroock & Lavan, Miami, for appellees.


Rehearing and Rehearing En Banc Denied November 9, 1990.

WARNER, Judge.

This is an appeal from an order dismissing with prejudice appellant's action for libel against appellees regarding the publication in the New York Post of an article concerning appellant. The issue presented is whether the article consists of actionable libel or is opinion protected by the First Amendment. Taking the well-pleaded allegations of the complaint as true for the purposes of...

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