Gursky Ragan, P.A., etc., et al. v. Association of Poinciana Villages, Inc., etc.

Summary

The Third District Court of Appeal of Florida affirmed final summary judgment for the Association of Poinciana Villages in a defamation action arising from disclosure of a bar complaint attached to a separate replevin complaint. The court held that the absolute litigation privilege applied because the alleged defamatory statements bore some relation to the subject of the replevin proceeding.

Holdings

1. The absolute litigation privilege barred the defamation action because the alleged defamatory statements bore some relation to or connection with the subject of the replevin action.
2. The bar complaint privilege did not apply because the contents of the complaint were disclosed outside the grievance process; the judgment was affirmed instead on the absolute litigation privilege.

Questions Presented

1. Whether the alleged defamatory statements were sufficiently related or connected to the subject of the separate replevin action to fall within Florida's absolute litigation privilege.
2. Whether the bar complaint privilege applied to the disclosure of the complaint outside the grievance process.

Disposition

affirmed