Cohen v. Spizz

1 Citing case

  1. Silver v. Levinson

    648 So. 2d 240 (Fla. Dist. Ct. App. 1995)   Cited 49 times
    Finding exercise of personal jurisdiction did not offend due process where defendant had "committed an intentional act directly aimed at Florida and made accusations targeted at a Florida resident," so he "purposefully directed his activities at Florida."

    At this stage of the proceedings it is premature to determine whether defendant's actions fall within the criteria for qualified privilege which may attach to good faith settlement negotiations and whether plaintiff can overcome the privilege by proving express malice or malice in fact. See Pledger v. Burnup Sims, Inc. 432 So.2d 1323, 1326-28 (Fla. 4th DCA 1983), review denied, 446 So.2d 99 (Fla. 1984); Axelrod v. Califano, 357 So.2d 1048 (Fla. 1st DCA 1978); see also Cohen v. Spizz, 493 So.2d 5 (Fla. 3d DCA 1986). It would likewise be premature, without any evidence before us other than the pleadings and affidavits, to make a determination that the recipients of the letter, acting in concert with defendant, were joint venturers so as to defeat the element of publication, a necessary element of libel. See Pledger, 432 So.2d at 1323-24 and cases cited therein.