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Augustine v. Southern Bell Telephone Tel. Co.

91 So. 2d 320 (Fla. 1956)
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Augustine v. Southern Bell Telephone Tel. Co.

1 Citing case

  1. Nottage v. American Exp. Co.

    452 So. 2d 1066 (Fla. Dist. Ct. App. 1984)   Cited 7 times
    In Nottage, the plaintiff set forth a claim for commercial exploitation under the statute because the defendants used his likeness on a poster advertising their condominium building and on postcards that were mailed to potential customers in other countries.

    Further, whether the exception provided in Section 540.08(3)(c) applies to the facts of this case cannot be determined on a motion to dismiss in light of the allegation that plaintiff was photographed in the uniform of the Seacoast Towers, and the picture was displayed prominently in an advertisement promoting both the Seacoast Towers and the American Express Company. The only determination a court undertakes in considering a motion to dismiss for failure to state a cause of action is whether, upon examination of the four corners of the complaint, the allegations are sufficient to sustain a claim for relief. See Augustine v. Southern Bell Telephone Telegraph Co., 91 So.2d 320 (Fla. 1956); Bricker v. Kay, 446 So.2d 1151 (Fla. 3d DCA 1984). The existence of commercial exploitation and damages, and the applicability of the exception provided in Section 540.08(3)(c), if placed in issue by answer or affirmative defense, will become matters for proof.