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Burton v. Salzberg

District Court of Appeal of Florida, Third District
Feb 10, 1999
725 So. 2d 450 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-1317

February 10, 1999.

Appeal from the Circuit Court for Dade County, Celeste Hardee Muir, Judge.

Stanley J. Bartel, for appellant.

Stephens, Lynn, Klein McNicholas, and Philip D. Parrish, for appellees.

Before NESBITT, COPE and LEVY, JJ.


Affirmed. Defamatory statements made in the course of judicial proceedings are accorded absolute privilege. The privilege arises upon the doing of any act necessarily preliminary to judicial proceedings. See Levin, Middlebrooks, Mabie, Thomas, Mayes Mitchell v. United States Fire Ins. Co., 639 So.2d 606, 607 (Fla. 1994); Ponzoli Wassenberg, P.A. v. Zuckerman, 545 So.2d 309, 309-10 (Fla. 3d DCA 1989); Sussman v. Damian, 355 So.2d 809, 811 (Fla. 3d DCA 1977); 19 Fla. Jur.2d Defamation Privacy § 66 (1980). We agree with the trial judge that the written statement here was made as part of existing litigation between these parties.


Summaries of

Burton v. Salzberg

District Court of Appeal of Florida, Third District
Feb 10, 1999
725 So. 2d 450 (Fla. Dist. Ct. App. 1999)
Case details for

Burton v. Salzberg

Case Details

Full title:Harvey BURTON d/b/a Investment Funding Associates, Appellant, v. Mark A…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 10, 1999

Citations

725 So. 2d 450 (Fla. Dist. Ct. App. 1999)

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