Slander of Title -
[1]
Elements and Case Citations
(1) Defendant communicated to a third person;
(2) A statement disparaging plaintiff’s title;
(3) The statement is untrue; and
(4) Defendant’s communication caused plaintiff to suffer actual damages.
Slander of title is also called "title disparagement of property," "slandered goods," "trade libel," and "injurious falsehood". See Collier County Publishing Co. v. Chapman, 318 So. 2d 492, 494 (Fla. 2d DCA 1975), cert. denied, 333 So. 2d 462 (1976).
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Florida State Courts
Supreme Court: Old Plantation Corp. v. Maule Industries, Inc., 68 So. 2d 180,
181 (Fla. 1953)
First District: Gates v. Utsey, 177 So. 2d 486, 489 (Fla. 1st DCA 1965)
Second District: Miceli v. Gilmac Developers, Inc., 467 So. 2d 404, 405 (Fla.
2d DCA 1985)
Fourth District: Tishman-Speyer v. Knight Investments, 591 So. 2d 213, 214
(Fla. 4th DCA 1991), rev. denied, 589 So. 2d 291 (1991)
Fifth District: Residential Communities v. Escondido Com., 645 So. 2d 149,
150 (Fla. 5th DCA 1994)
Florida Federal Courts
Eleventh Circuit : Lime Tree Vil. Com. Club Ass’n v. State Farm, 980 F.2d
1402, 1407 (11th Cir. 1993)
References
Restatement (Second) of Torts § 624 (1977 Amendment)
[2] Defenses to Claim
for Slander of Title
(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other
standard defenses. See § 60.
(2) Statute of Limitations: § 95.11(4)(g), Fla. Stat. (two years);
see Sailboat Key, Inc. v. Gardner, 378 So. 2d 47 (Fla. 3d DCA 1979) (slander of title and defamation claims share the same statute of limitations
and defenses).
(3) Truth is a complete defense to defamation claims. See Rosenberg v.
American Bowling Congress, 589 F. Supp. 547, 551 (M.D. Fla. 1984); see also Art. I, § 4, Fla. Const..
(4) Statements made during a judicial proceeding are absolutely privileged
provided that such statements are related to the proceeding’s subject matter. See Levin, Middlebrooks v. U.S. Fire Ins. Co., 639 So. 2d 606,
607 (Fla. 1994) (absolute privilege extends to parties, witnesses counsel and judges).
(5) Absolute privilege extends to statements made during labor grievance
proceedings provided that such statements are related to the proceeding’s subject matter. See Hope v. National Alliance, Jacksonville 320,
649 So. 2d 897, 900 (Fla. 1st DCA 1995).
(6) Absolute privilege protects statements made by government officials in
connection with their official duties. Hauser v. Urchisin, 231 So. 2d 6, 8 (Fla. 1970).
(7) Qualified privilege protects defamatory statements made by private
individuals to the police or the state’s attorney prior to the institution of criminal charges. Fridovich v. Fridovich, 598 So. 2d 65, 69 (Fla.
1992).
(8) Qualified privilege protects defamatory statements that are published by
a speaker in good faith, pursuant to a duty or special interest, and such privilege is not abused. Thomas v. Tampa Bay Downs, Inc., 761 So.2d 401 (Fla. 2d DCA 2000).
(9) Statements of pure opinion based on known facts do not give rise to defamation claims. See Miami Child’s World, Inc. v. Sunbeam Television Corp., 669 So. 2d 336, 336 (Fla. 3d DCA 1996).
(10) Minor inconsistencies in news reports are not actionable provided that report is substantially true and inaccuracies did not result from deliberate falsification or awareness of probable falsity. Newton v. Florida Freedom Newspapers, Inc., 447 So. 2d 906, 907 (Fla. 1st DCA 1984).
(11) § 770.01, Fla. Stat., requires five (5) days notice to a defendant prior to filing a libel suit.
