In the Supreme Court of Florida Case No
IN THE SUPREME COURT OF FLORIDA CASE NO. 03-1023 Florida Bar No. 184170 HORIZON ASSOCIATES JOINT ) VENTURE, through its joint venturers ) HORIZON-ANF, INC. and WWL ) HOLDINGS, INC., ) ) Petitioner, ) v. ) ) LRX, INC., d/b/a "LEASE ) DOCTORS," and ALAN MARCUS, ) ) Respondent. ) ________________________________) ON PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTH DISTRICT COURT OF APPEAL BRIEF ON JURISDICTION OF PETITIONER HORIZON ASSOCIATES JOINT VENTURE, through its joint venturers HORIZON-ANF, INC., and WWL HOLDINGS, INC. (With Appendix) Law Offices of RICHARD A. SHERMAN, P.A. Richard A. Sherman, Sr., Esquire 1777 South Andrews Avenue, Suite 302 Fort Lauderdale, FL 33316 (954) 525-5985 - Broward (954) 525-5885 - Dade and BILLING, COCHRAN, HEATH, LYLES & MAURO, P.A. W. Tucker Craig, Esquire Fort Lauderdale, FL TABLE OF CONTENTS Page Table of Citations iii Point on Appeal iv Statement of the Facts and Case 1-3 Summary of Argument 3-5 Argument THE DECISION IN THE PRESENT CASE EXPRESSLY AND DIRECTLY CONFLICTS WITH LINAFELT v. BEVERLY ENTERPRISES-FLORIDA, INC., AND CAPE PUBLICATIONS, INC. v. REAKES, WHICH HOLD THAT TRUTH IS A DEFENSE IN A DEFAMATION CASE WITHOUT REGARD TO MOTIVES; AND WITH BROWN v. ESTATE OF A.P. STUCKEY, AND RAY INTERNATIONAL TRANSIT, INC., WHICH HOLD THAT THE TEST FOR OVERTURNING THE GRANTING OF A NEW TRIAL, IS IF "NO REASONABLE PERSON" COULD HAVE REACHED THAT CONCLUSION. 5-10 Conclusion 10-11 Certificate of Service 12-13 Certification of Type 13 Appendix A1-6 -ii- -iii- TABLE OF CITATIONS Page Brown v. Estate of A.P. Stuckey, 749 So. 2d 490 (Fla. 1999) 4, 5, 9, 10 Cape Publications, Inc.
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