Victor v. News & Sun Sentinel Co., 467 So. 2d 499 (Fla. Dist. Ct. App. 1985).
Victor v. News & Sun Sentinel Co., 467 So. 2d 499 (Fla. Dist. Ct. App. 1985). Book View Copy Cite
Reese VICTOR and David Goldman
v.
NEWS & SUN SENTINEL CO., a Delaware corporation doing business in Broward County, Florida, and Jack Zink, a Florida resident
No. 84-1711.
District Court of Appeal of Florida.
Apr 24, 1985.
467 So. 2d 499
Terry S. Bienstock and H. Mark Vieth of Frates Bienstock & Sheehe, Miami, for appellants., Ray Ferrero, Jr. and Ricki Tannen of Ferrero, Middlebrooks & Strickland, Fort Lauderdale, for appellees.
Anstead, Downey, Walden.
Cited by 3 opinions  |  Published
PER CURIAM.

We reverse the dismissal with prejudice of appellants’ libel action against appellees. Upon review of the amended complaint we believe it contained sufficient allegations of false factual statements made about appellants with malice and resulting in injury to state a cause of action for libel. Smith v. Taylor County Publishing Co., 443 So.2d 1042 (Fla. 1st DCA 1983). We do not believe the alleged defamatory statements were pure statements of opinion. We also believe the trial court acted prematurely in considering matters that should properly be raised as affirmative defenses.

Accordingly, we reverse and remand with directions for further proceedings consistent herewith.

ANSTEAD, C.J., and DOWNEY and WALDEN, JJ., concur.