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ZELINKA v. AMERICARE HEALTHSCAN, INC.

No. 99-3030.

763 So.2d 1173 (2000)

Robert ZELINKA, Petitioner, v. AMERICARE HEALTHSCAN, INC., Americare Diagnostics, Inc., Joseph P. D'Angelo, Technical Chemicals and Products, Inc., and Jack L. Aronowitz, Respondents.

District Court of Appeal of Florida, Fourth District.

January 26, 2000.

Attorney(s) appearing for the Case

Eric Lee and Jan Douglas Atlas of Atlas, Pearlman, Trop & Borkson, P.A., Fort Lauderdale, for petitioner.

Miyoshi D. Smith and Patricia Klein, Miami, for Respondents-Americare Healthscan, Inc., Americare Diagnostics, Inc., and Joseph P. D'Angelo.

STEVENSON, J.

The issue in this case is whether a plaintiff in a libel action which is based on the posting of allegedly false and defamatory statements on an internet "message board" is required to comply with the presuit notice requirements of Florida Statutes chapter 770 (1999). The trial court determined that the statutory presuit notice requirements did not apply and denied petitioner's motion to dismiss respondents' defamation action where no presuit notice...

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