Florida Complaint for Damages and Declaratory Judgment - Publication of false statements

State:
Multi-State
Control #:
US-CMP-10060
Format:
Word; 
Rich Text
Instant download

Description

This form is a complaint for interference with a business relationship. It is broadly worded enough to be used in many situations, but will need to be adapted to your own set of facts and circumstances. Because this is a generic form, efforts must be made to comply with your state's pleading rules.
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FAQ

The statute of limitations for collecting a debt in Florida is 20 years. A judgment lien on Florida property based on an underlying money judgment expires ten years after a certified copy of the judgment is recorded in the county where the property is situated.

Such statements are called defamation of character. Libel: Libel is a defamation that is written, such as in a newspaper, magazine or on the internet. Slander: Slander is a defamation that is orally published, such as in a speech, over the airwaves, or in casual conversation.

The single publication rule applies to causes for action for ?libel or slander, invasion of privacy, or any other tort founded upon any single publication, exhibition, or utterance, such as any one edition of a newspaper, book, or magazine, any one presentation to an audience, any one broadcast over radio or television ...

The Single-Publication Rule Under the rule, a publisher can only be sued for libel over the original publishing of text, not the subsequent distribution or additional printings of the same text. The purpose of the rule is to protect publishers against multiple lawsuits over the same libelous statement.

There is a longstanding principle that each publication gives rise to a new cause of action. Where there are multiple publications, there can be multiple causes of action. The multiple publication rule 'bites' when applying a limitation period.

The Court noted that while an action for a declaratory judgment is generally governed by a six-year statute of limitations (see CPLR 213[1]), the applicable statute of limitations in a declaratory judgment action is determined by the substantive nature of the claim.

The Courts may make declaratory judgments on the existence or nonexistence of any immunity, power, privilege, or right?or any fact upon which the same may depend?whether it exists now or will arise in the future. § 86.011(1)? (2), Fla. Stat.

Defamation is a tort that encompasses false statements of fact that harm another's reputation. There are two basic categories of defamation: (1) libel and (2) slander.

To prove defamation, a plaintiff generally must show: ? A false statement purporting to be fact; ? Publication or communication of that statement to a third person; ? Fault amounting to at least negligence; and ? Damages ? that is, some harm caused to the plaintiff's reputation.

To establish a cause of action for defamation, a plaintiff must show that (1) the defendant made a false statement about the plaintiff, (2) to a third party, and (3) the falsity of the statement caused injury to the plaintiff. NITV, L.L.C. v.

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Florida Complaint for Damages and Declaratory Judgment - Publication of false statements