Florida Law Weekly – Oct. 30, 2020
Skupin v. Hemisphere Media Group, Inc. – 3rd DCA
In this libel and defamation case, the Court held that the Trial Court made no error in dismissing a complaint with prejudice where the complaint was not actionable on any of the grounds alleged. The Court acknowledged that the Trial Court’s review was limited to the four corners of the complaint, including any attached or incorporated exhibits, when ruling on a motion to dismiss. The Court also held that conclusions of the pleader regarding exhibits are not binding on the Trial Court. Further, the Court held that whether a statement is one of fact or opinion, and whether a statement is a privileged expression or unprivileged opinion, are both questions of law for the Court.