Opinion
B151127.
10-24-2003
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
THE COURT:
Good cause appearing, the opinion in the above entitled matter, filed on September 26, 2003, Not for Publication, is hereby modified as follows:
(a) On page 16, first sentence of the third full paragraph, beginning "In Dombey, the issue" is modified to read as follows:
In Dombey, the issue as to whether the plaintiff in a defamation lawsuit was a public figure was raised sua sponte by the Arizona Supreme Court.
(b) On page 32, line 22, first sentence beginning "Negligence, extreme negligence," is modified to read as follows:
Neither negligence, extreme negligence, choice of language, editorial decisions, unknowingly misleading the public, investigative failures, nor lack of objectivity, by themselves, are sufficient to prove actual malice.
The petition for rehearing filed by plaintiff and appellant Leonard M. Ross is denied.
There is no change in the judgment.