W.A. White v. Leonard L. Fletcher

Summary

The Florida Supreme Court affirmed summary judgment for a Civil Service Board chairman in a libel action brought by a police officer over a public statement regarding the officer's fitness. The court held that the statement was privileged fair comment and that the plaintiff failed to prove express malice sufficient to overcome the privilege. The court also held that the plaintiff waived or untimely asserted the right to a jury trial.

Holdings

1. The statement was privileged and, at most, could be viewed as an opinion or inference from facts assumed to be true. White failed to prove express malice sufficient to overcome the privilege, so summary judgment for Fletcher was proper.
2. White waived his right to a jury trial by failing to demand one as required by the rules. Filing a motion for summary judgment did not revive the expired right, and the motion also stated that no material factual issue existed and that the court could decide the case.

Questions Presented

1. Whether Fletcher's statement about White was protected by privilege or fair comment and whether White produced evidence of express malice sufficient to defeat summary judgment.
2. Whether White's motion for summary judgment constituted a pleading or otherwise revived his right to demand a jury trial after the time for making the demand had expired.

Disposition

affirmed