Florida/Georgia Personal Injury & Workers Compensation

...Although in Wagner, Nugent the court held that the discovery rule was inapplicable, it did so only in a very narrow context. Id. at 114-15. The court held that the discovery rule was inapplicable to defamation claims because the defamation statute, Section 770.07, Florida Statutes, specifically provides for statute of limitations purposes that a cause of action for defamation accrues upon first publication....

...elsewhere in these statutes, the time within which an action shall be begun under any statute of limitations runs from the time the cause of action accrues. Section 95.031, Fla. Stat. (1987). A cause of action for defamation accrues on publication: 770.07 Cause of action, time of accrual — The cause of action for damages founded upon a single publication or exhibition or utterance ... shall be deemed to have accrued at the time of the first publication or exhibition or utterance thereof in this state. Section 770.07, Fla....

...I concur in the result achieved in this case because I do not believe that the letter in question can possibly be actionable. KOGAN, Justice, concurring. While I find Justice Shaw's dissent makes good sense, I see no way around the plain language of section 770.07, Florida Statutes (1987), which obviously contradicts the Restatement of Torts....

...Id., Slip op. at 8 (footnote and citation omitted). I note that the statutory provision on which the majority hangs its hat, chapter 770, addresses only libel claims against media — not private — defendants. [5] And while it is logical to provide, as does section 770.07, that a cause of action for defamation against a media defendant accrues on first publication in the state, it makes no sense whatsoever to say the same thing about private defendants....

...ances include discovery in a case involving section 540.08. In fact this provision then adds that no other reasons will toll a limitations period. [9] With those general provisions from the chapter on statutes of limitations, defendants also rely on section 770.07 which provides that certain claims for damages founded on a single publication "shall be deemed to have accrued at the time of the first publication ... in this state." Plaintiff responds that an action for damages under section 540.08 is not one of those specific actions encompassed by section 770.07. We do not agree. The kinds of actions covered by section 770.07 are expressly given as "libel or slander, invasion of privacy, or any other tort founded upon any single publication...." [10] Plaintiff contends that an action for damages under section 540.08 is not an action for invasion of privacy and thus is not embraced by section 770.07....

...ime-barred. What we have said for the statutory claim applies, of course, with equal force as to the common law invasion of privacy claim against the photographer. See § 95.11(3)(p) ("any action not specifically provided for in these statutes") and § 770.07 (action for invasion of privacy based on publication accrues upon first publication), Fla....

...scribed elsewhere in s. 95.11(3), but in any event an action for fraud under s. 95.11(3) must be begun within 12 years after the date of the commission of the alleged fraud, regardless of the date the fraud was or should have been discovered."). [6] § 770.07, Fla....

...Therefore, as to Counts I and II, the defendants met their burden of establishing that venue was only proper in Leon County; Fontaine failed to rebut this. As to Count III, slander, and Count IV, libel, these causes of action would have accrued "at the time of the first publication." § 770.07, Fla....

...Johnson, Roth, Romano, Erikson & Kupfer, P.A. v. Flanagan, 629 So.2d 113 (Fla.1993), confronted the issue of when the two year statute of limitations for libel or slander begins to run; upon publication or discovery. Id. at 114. The court considered section 770.07, which states: Cause of action, time of accrual.—The cause of action for damages founded upon a single publication or exhibition or utterance......

...s. To rule otherwise would allow potentially endless liability since Florida Statutes contains no statute of repose for this particular tort. Id. at 115. The context of this statement makes it clear that the court in Wagner, Nugent was applying only section 770.07 to all civil litigants, not the entire chapter 770....

...is not a concern in a credit slander case. The trial court relied on Wagner, Nugent, Johnson, Roth, Romano, Erikson & Kupfer, P.A. v. Flanagan, 629 So.2d 113 (Fla.1993). That case concerned a single private defamatory statement and interpretation of section 770.07, Florida Statutes (1987), which sets the time of accrual of a cause of action "founded upon a single publication or exhibition or utterance." Wagner, Nugent, 629 So.2d at 115. The Wagner, Nugent court held section 770.07 applied to all civil litigants and not just media defendants, in part based on a concern that to rule otherwise "would allow potentially endless liability." Id., Wagner, Nugent is distinguishable not only because the instant case does...

...This is not to say that a new cause of action accrued each time someone at each potential employer read or was shown the report. Rather, a new cause of action accrued, and the statute of limitations began to run anew, the first time the report was read or shown to someone at each new potential employer. See § 770.07, Fla....

...Failing any other alternative, Co-mins could have posted a retraction notice in the comments section of VanVoorhis’s blog. We approve the trial court's conclusion as to waiver without further comment. . Indeed, the Florida Supreme Court has held that section 770.07, which establishes the point in time when a cause of action for defamation accrues, applies to both media and private individual defendants....

...Wagner, Nugent v. Flanagan, 629 So.2d 113, 115 (Fla. 1993). The Wagner court acknowledged that chapter 770 primarily addresses media defendants, but the court pointed out that the chapter is broadly titled "Civil Actions for Libel" and that limiting section 770.07 to media defendants only "would allow potentially endless liability since Florida Statutes contains no statute of repose for this particular lort.” Id....

...s that a "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." § 770.07, Fla....

...On July 6, 1970, the trial court entered an order granting respondent's motion to transfer the cause for improper venue and transferring the file to the Circuit Court of Dade County. The decision of the trial court to transfer the cause was based on Florida Statutes §§ 47.051 [1] and 770.07 [2] , F.S.A....

...shed. 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. (limiting a damages claim founded upon any single publication to only one choice of venue) and F.S. § 770.07, F.S.A., (providing that the cause of action shall be deemed to have accrued at the time of the first publication in this state)....

...ction: 1) only one suit in one chosen venue to avoid multiple suits upon the one cause of action; and 2) a statute of limitations as to the time for filing the action which "shall be deemed to have accrued at the time of the first publication". F.S. § 770.07, F.S.A....

...ed in Dade County in the evening and distributed to DeSoto County, nearly two hundred miles away, several hours later. The first publication obviously was in Dade County. Respondent contends that proper venue can only lie in Dade County, citing F.S. § 770.07, 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 respondent, but in that manner which is consistent with equal protection required by the constitution....

...§ 47.051, F.S.A.: "Actions against domestic corporations shall be brought only in the county or district where such corporation has or usually keeps an office for transaction of its customary 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....

publication[.]" Wagner , 629 So.2d at 115 ; accord § 770.07, Fla. Stat. (2012). "Although chapter 770 primarily

...s. Fla. Stat. § 95.031 . A cause of action for defamation accrues on the date of publication, not the date of discovery. Wagner, Nugent, Johnson, Roth, Romano, Erikson & Kupfer, P.A. v. Flanagan , 629 So.2d 113 (Fla. 1993) ; see also Fla. Stat. § 770.07 ("The cause of action for damages founded upon a single publication or exhibition or utterance, as described in s....

...tinely rejected that argument. There is a single publication rule in Florida involving "any one edition of a newspaper, book, or magazine," with a statute of limitations that accrues at the time of the first publication. See Fla. Stat. §§ 770.05 , 770.07....

...The first was posted more than four years before the filing of the complaint. The second was posted less than four years before the filing of the complaint. The question presented is whether the identical Facebook posts published at different times to promote different events constitute a single publication under section 770.07, Florida Statutes (2016)....

...at 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....

...accrued where the purportedly libelous statement was received and read by a third party, Defendant claimed that a cause of action for libel accrued where the libelous statement originated, citing to Florida Gamco, Inc. v. Fontaine, 68 So. 3d 923 (Fla. 4th DCA 2011), and section 770.07, Florida Statutes (2019), in support....

...post at issue it would have originated, and therefore been published, in Martin County.” From this, Defendant asserted that Martin County was the proper venue. Plaintiff filed a response in opposition. Plaintiff argued that Defendant incorrectly interpreted section 770.07—which provides that a cause of action for libel shall be “deemed to have accrued at the time of first publication”—to mean that the cause of action for libel accrued in the county in which the publication originated....

...ibelous Facebook post occurred. Although there is a statute concerning when a cause of action accrues for an action of libel or slander, that statute is not determinative of where the cause of action accrues or where publication occurs. Indeed, section 770.07, Florida Statutes, provides that “[a] cause of action for damages founded upon a single publication or exhibition or utterance . . . 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. (2019) (emphasis added). Thus, section 770.07 on its face “relates to the ‘time’ of accrual of the cause of action ....

...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....

...After an evidentiary hearing, the trial court denied the defendant’s motion to dismiss the complaint or to transfer venue to Leon County. Id. at 927. On appeal, we noted that any cause of action for slander or libel would have accrued “at the time of [] first publication” under section 770.07....

...2d 113, 114 (Fla. 1993). “The period begins to run from the time the cause of action accrues[.]” Id. at 115; accord § 95.031, Fla. Stat. (2012). “A cause of action for defamation accrues on publication[.]” Wagner, 629 So. 2d at 115; accord § 770.07, Fla. Stat. (2012). “Although chapter 770 primarily addresses media defendants, we note that the chapter is broadly titled Civil Actions for Libel.” Wagner, 629 So. 2d at 115. Thus, section 770.07 is “applicable to all civil litigants, both public and private, in defamation actions.” Id. On appeal and below, Weeks claims that the Town terminated him based upon a compilation of allegations that were fabricated on December 13, 2012....

...e fact of publication). Moreover, for repeated or ongoing publication of a single image, the single publication rule provides 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....