CopyCited 3 times | Published | Supreme Court of Florida
...e county where the newspaper was published. In its order transferring venue to Dade County, the Circuit Court distinguished the Firstamerica Development Corporation case, supra, on the basis of the passage, since the time of that decision, of F.S. §§ 770.05-770.08, F.S.A., and held that venue of the instant action properly lay only in Dade County under these statutory provisions....
...he cause of action arose. The Court held that venue could properly be laid in any county where the newspaper was published. In 1967 the Florida Legislature responded to the above decision by enacting Chapter 67-52 which in pertinent part became F.S. § 770.05, F.S.A....
...Of significance as to venue is F.S. §
47.051, F.S.A., [4] which permits actions against domestic corporations also to be brought "where such corporation has or usually *607 keeps an office for transaction of its customary business." Ch. 67-52 (F.S. §§
770.05 and
770.07, F.S.A.) did not repeal the application of any corporate venue statute, and to the extent applicable, all of these statutes must be read in pari materia and must not be applied in a way that extends special treatment to responden...
...This holding goes only to the question of venue in prosecutions for criminal libel ... nor do we decide the question of venue where a bureau agency or office is maintained in another county or counties for the purpose of distribution or circulation. ..." (emphasis added) Thus, when we read our "single publication" act (§
770.05) in conjunction with the corporate venue acts §§ 46.04 and
47.051) the advantages to both the press and the public, in our complex business and economic world, appear to be mutual and equal....
..."where the cause of action accrued" which we view in the case of a publication as limited to such county or counties where the publication is distributed or placed on sale. Of course, as earlier outlined, only one of these available venues may be chosen in accordance with F.S. § 770.05, F.S.A....
...BOYD, Justice (dissenting). Both the trial court and the District Court of Appeal were clearly correct. As stated in the majority opinion, immediately after the Firstamerica case of 1966, the Florida Legislature sought to reverse the effect of that decision by enacting Section 770.05, Florida Statutes, which provided that suit could be brought only in the county of first publication....
...ary business, or where the cause of action accrued, or where the property in litigation is located... ." [2] Fla. Stat. §
770.07, F.S.A.: "The cause of action for damages founded upon a single publication or exhibition or utterance, as described in §
770.05, shall be deemed to have accrued at the time of the first publication or exhibition or utterance thereof in this state." [3] "46.04 Suits against corporations....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 9, 1985 Fla. App. LEXIS 16889
...[1] Section
47.051, Florida Statutes (1983), requires that actions against domestic corporations be brought only in the county where the corporation has an office for transacting its customary business or where the cause of action accrued. In Perdue, supra, this statute was construed in pari materia with Section
770.05, which addresses the limitation of choice of venue in civil libel actions....
CopyPublished | Florida 3rd District Court of Appeal
...of a “single publication” with the first advertisement pursuant to the single-
publication rule.
The single publication rule provides that a “cause of action for
damages founded upon a single publication or exhibition or utterance, as
described in §
770.05, shall be deemed to have accrued at the time of the
first publication or exhibition or utterance thereof in this state.” §
770.07, Fla.
Stat. Section
770.05 in turn refers to causes of action of “libel or slander,
invasion of privacy, or any other tort founded upon any single publication,
exhibition, or utterance, such as any one edition of a newspaper, book, or
magazine, any one pres...
...McAfee, Inc.,
660 F.3d 1156,
1169 (9th Cir. 2011).
Although the single publication rule developed out of defamation, the
codified versions, including Florida’s, extend the rule to “any other tort
founded upon any single publication.” §
770.05, Fla....
CopyPublished | Florida 4th District Court of Appeal
...action for libel could be brought only in the county in which a newspaper
was published, or in any county where the newspaper was distributed or
circulated thereafter. Id. at 606–07. As part of its consideration, the
Perdue court discussed the then-recent enactment of section
770.05,
Florida Statutes (which limits a claim for defamation to only one choice of
venue), and section
770.07 (which, as discussed earlier, provides that a
cause of action is deemed to have accrued at the time of first publication).
Id. at 606. Noting that section
770.07 did not control the venue of a
defamation action, the court read sections
770.05 and
770.07 in pari
materia with the corporate venue statute (section
47.051, formerly section
46.04), ultimately determining that there were four appropriate venue
locations, only one of which could be selected....
...libel or slander, invasion of privacy, or any other tort founded upon any single
publication, exhibition, or utterance . . . . Recovery in any action shall include
all damages for any such tort suffered by the plaintiff in all jurisdictions.” §
770.05, Fla....
CopyPublished | Florida 2nd District Court of Appeal
..."Since no other section of [c]hapter 770 uses the language 'other medium'
as found in [s]ection
770.01, we can infer reasonably that the legislature intended that
term to include television and radio broadcasting stations." Davies,
449 So. 2d at 420.
Interestingly, section
770.05, which addresses limitation of choice of venue, does
specifically include books and motion pictures within its ambit, further showing that the
legislature could have used similarly specific language in section
770.01 but chose not
to do so....
CopyPublished | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 106241, 2008 WL 5427990
...des that the cause of action accrues on the date of first publication, as this is when the alleged harm accrues. See Fla. Stat. §
770.07 ("The cause of action for damages founded upon a single publication or exhibition or utterance, as described in s.
770.05, shall be deemed to have accrued at the time of the first publication or exhibition or utterance thereof in this state."); Fla. Stat, §
770.05 (defines actions subject to single publication rule as "libel or slander, invasion of privacy, or any other tort founded upon any single publication, exhibition, or utterance, such as any one edition of a newspaper, book, or magazine, any o...
