Legal Opinion · Dissent

Urchisin v. Hauser

District Court of Appeal of Florida

Decided April 16, 1969No. 1873Published

1DissentMcCAIN, Judge

I must respectfully dissent.

The legal principles enunciated by the majority are certainly palatable and exception is taken only with their application in this instance.

The appellant is recognized to be a public figure at all germane times. Clothed with this stature and following attempted elimination of his office (City Prosecutor of Deerfield Beach) by vote of the city commission, he issued a prepared press release which stated in part:

“ ‘It appears that the city commission action was instigated by Ralph Hauser. Mr. Hauser’s action apparently is motivated by a personal vendetta against me…

2Cases cited7 opinions

  1. Barr v. MatteoSupreme Court of the United States · 1959
  2. Gregoire v. BiddleCourt of Appeals for the Second Circuit · 1949
  3. Matson v. MargiottiSupreme Court of Pennsylvania · 1952
  4. Montgomery v. PhiladelphiaSupreme Court of Pennsylvania · 1958
  5. McNayr v. KellySupreme Court of Florida · 1966

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