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Granda-Centeno v. Lara
Citations: 489 So. 2d 142; 11 Fla. L. Weekly 1200; 1986 Fla. App. LEXIS 8079Docket: 85-1202
Court: District Court of Appeal of Florida; May 27, 1986; Florida; State Appellate Court
Antonio Granda-Centeno appeals a jury verdict in a defamation case initiated by Pedro Lara, alleging libel stemming from a letter Granda-Centeno wrote and sent to multiple recipients. The only evidence of the letter's receipt came from Mrs. Lara and Mr. Regelado, an employee of Bank of America, who received it indirectly through another employee, Robert Sola. Granda-Centeno argues that the trial court erred in instructing the jury on what constitutes "publication" of defamatory material. The court's instruction suggested that sending the letter alone constituted publication, which was found to be incorrect. Publication requires that the defamatory statement be communicated to a third party, not merely sent. The court noted that evidence of sending the letter does not establish that it was received or read, which is essential for liability. As such, the instruction allowed the jury to find liability without proof of actual receipt and comprehension of the letter. The judgment in favor of Lara was reversed, and the case was remanded for a new trial, emphasizing that Mrs. Lara's reading of the letter did not qualify as publication, and any potential republication by Regelado would need to be assessed for foreseeability.