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BARNES v. HORAN

No. 3D01-2472.

841 So.2d 472 (2002)

Michael R. BARNES, Appellant, v. David Paul HORAN, Karen Horan, Edward W. Horan, David Paul Horan, P.A., and Edward W. Horan, P.A., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing, Rehearing and Certification Denied March 28, 2003.

Attorney(s) appearing for the Case

Michael R. Barnes (Key West); Richard L. Wilson (Orlando), for appellant.

Horan, Horan & Wallace, and David Horan (Key West), for appellees.

Before GREEN and SHEVIN, JJ., and NESBITT, Senior Judge.

Rehearing, Rehearing En Banc and Certification Denied March 28, 2003.

SHEVIN, Judge.

Michael Barnes appeals an Order Striking Plaintiff's Second Amended Complaint and Dismissing Action with Prejudice. On the following analysis, we reverse.

Two days before the 16th Judicial Circuit State Attorney election, David Horan ran a paid political advertisement, entitled "An Apology to the Citizens of the Florida Keys", published in the Key West Citizen. The...

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