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Supreme Court of Florida· 12/13/1984

Nodar v. Galbreath

Citations

  • 462 So. 2d 803
  • 23 Educ. L. Rep. 406

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “…there must be a showing that the speaker used his privileged position to gratify his malevolence.”
  • noting that “[t]he privilege . . . raises a presumption of good faith and places upon the plaintiff the burden of proving express malice”
  • explaining that malice may not be inferred “from the 2 Plaintiff disputes that she must allege express malice, not statutory malice. (Doc. 26 at 5). For support, she cites Florida Statute § 456.073(11) and (12)(a
  • statements of a citizen to a legislative body [a school board] regarding matters of public concern are conditionally privileged
  • \The determination that a defendant's statements are qualifiedly privileged eliminates the presumption of malice attaching to defamatory statements by law. The privilege instead raises a presumption of good faith and places upon the plaintiff the burden of proving express malice....\

Source: CourtListener parenthetical corpus (CC0).

Judges: Boyd

Read full opinion on CourtListener

Cited by

87 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Nodar v. Galbreath

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.