Brodsky v. Buchanan

Full title: HOWARD BRODSKY, ALSO KNOWN AS HANK BRODSKY, APPELLANT, v. T.A. BUCHANAN…

Court: District Court of Appeal of Florida, Third District

Date published: Jan 7, 1969

217 So. 2d 338 (Fla. Dist. Ct. App. 1969)

Opinion

No. 68-429.

January 7, 1969.

Appeal from the Circuit Court for Dade County, Francis X. Knuck, J.

Maurice Rosen, North Miami Beach, Bernard Berman, Miami, for appellant.

Thomas C. Britton, County Atty., and H. Jackson Dorney, Asst. County Atty., for Buchanan.

Alan Rothstein, City Atty., and John S. Lloyd, Asst. City Atty., for City of Miami.

Before CHARLES CARROLL, C.J., and HENDRY and SWANN, JJ.

SWANN, Judge.

Appellant [plaintiff below] appeals from the summary final judgments for the defendants.

The summary final judgment for T.A. Buchanan, as Sheriff of Dade County, is affirmed. See McNayr v. Kelly, Fla. 1966, 184 So.2d 428, and Saxon v. Knowles, Fla.App. 1966, 185 So.2d 194.

The summary final judgment for the other appellees is affirmed but on a different ground. The record conclusively shows that Napier, a police inspector of the City of Miami, forwarded the name of appellant Brodsky to the office of the Sheriff of Dade County, Florida three months prior to the alleged libelous publication. He is not shown to have had any control over the use, if any, the Sheriff's office made of this information or any control, directly or indirectly, over whether or not the Sheriff's office published anything concerning the same.

The summary final judgments are, therefore,

Affirmed.