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FACCHINA v. MUTUAL BENEFITS CORP.

No. 97-2580.

735 So.2d 499 (1999)

Paul V. FACCHINA, Jr., Appellant, v. MUTUAL BENEFITS CORP., a Florida Corporation; Viatical Benefits Foundation, Inc., a Florida corporation; Florida's Hotspots Publishing, Inc., a Florida corporation; Scoop Magazine, Inc., a Florida corporation; Strubco, Inc., a New York corporation; Poz Publishing Inc., a New York corporation; and Bert Jaeger, Appellees.

District Court of Appeal of Florida, Fourth District.

January 20, 1999.

Attorney(s) appearing for the Case

J. Davis Connor of Peterson & Myers, P.A., Winter Haven, for appellant.

Michael J. McNerney, Stephen L. Ziegler and Jonathan M. Streisfeld of Brinkley, McNerney, Morgan, Solomon & Tatum, LLP, of Fort Lauderdale, for appellees Mutual Benefits Corp. and Viatical Benefits Corp.

Norman Elliott Kent of Law Offices of Norman Elliott Kent, P.A., Fort Lauderdale, for appellees Florida Hot Spots! Publishing Inc. and Scoop Magazine Inc.

CORRECTED OPINION

FARMER, J.

This case requires us to consider the Byzantine applications of the economic loss rule (ELR) in a case involving the publication of photographs of the plaintiff in such a manner as to suggest that he is dying of AIDS. The trial court found that his claims involving unauthorized publication, invasion of privacy and defamation are barred by ELR. We reverse.

Because this case was dismissed for failure to state a cause...

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