Greene v. Times Publishing Co.
130 So. 3d 724
| Fla. Dist. Ct. App. | 2014Background
- Greene, a 2010 U.S. Senate nominee, was the subject of three articles by Times Publishing and Miami Herald in Aug 2010.
- Greene provided pre-publication information and demanded post-publication retractions under Fla. Stat. §770.01 for the last article.
- Greene sued Times Publishing, Herald Media, three reporters, and John/Jane Does for libel in Miami-Dade circuit court.
- The articles alleged improper real estate dealings (La Mirage, Ridgecrest, CA) and alleged activities with Mike Tyson aboard a yacht.
- Greene alleged falsity, publication, knowledge or reckless disregard of falsity (actual malice), and damages.
- The trial court dismissed the libel claims but allowed amendment against corporate defendants for Article 1; others were dismissed with prejudice; on appeal, the dismissal was reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Falsity of statements in Articles 1–3 | Greene alleges specific false facts; records contradict sales to straw buyers. | Statements were substantially true or not actionable. | Falsity adequately pleaded; not shielded by substantial-truth doctrine. |
| Defamatory nature of the statements | Statements portrayed Greene as criminally involved; harms reputation. | Some statements could be non-defamatory as opinion or non-actionable. | Gist of statements could be defamatory when read in context. |
| Actual malice pleading by a public figure | Allegations show knowledge of falsity or reckless disregard. | Malice not adequately pled; need stronger proof. | Complaint adequately pled actual malice for purposes of libel claims. |
| Overall sufficiency of the complaint against all defendants | Complaint states a legally cognizable libel claim for all articles/defendants. | Some claims are not actionable or barred by pleading. | Greene stated a legally sufficient libel cause of action; reversed and remanded for further proceedings. |
Key Cases Cited
- Rubin v. U.S. News & World Report, Inc., 271 F.3d 1305 (11th Cir.2001) (defamatory test and context-based gist analysis)
- Jews for Jesus, Inc. v. Rapp, 997 So.2d 1098 (Fla.2008) (five-element test for libel against public figure)
- Chapin v. Knight-Ridder, Inc., 993 F.2d 1087 (4th Cir.1993) (context determines whether a statement is defamatory)
- Smith v. Cuban Am. Nat'l Found., 731 So.2d 702 (Fla.3d DCA 1999) (illustrative relevant pretrial standards)
- Lipsig v. Ramlawi, 760 So.2d 170 (Fla.3d DCA 2000) (defamatory standard and context)