Demolfetta v. Am. Sightseeing Tours

Full title: FRANK DEMOLFETTA, APPELLANT, v. AMERICAN SIGHTSEEING TOURS, INC., A…

Court: District Court of Appeal of Florida, Third District

Date published: May 22, 1984

450 So. 2d 312 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2748.

May 22, 1984.

Appeal from Circuit Court, Dade County; Edward S. Klein, Judge.

William A. Cain, North Miami, for appellant.

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham Lane and Shelley H. Leinicke, Fort Lauderdale, for appellees.

Before BARKDULL, BASKIN and FERGUSON, JJ.^_

_ Participated in the decision but not in oral argument.

PER CURIAM.

The trial court's order of dismissal for failure to serve the 5 day notice provided by Section 770.01 Florida Statutes (1983) prior to bringing a defamation action against a private "non-media" entity is reversed under the reasoning found in this court's recent opinion of Davies v. Bossert, 449 So.2d 418 (Fla. 3d DCA 1984).

Therefore the order under review is reversed and the matter is returned to the trial court for further proceedings.