Time, Inc. v. Firestone

WALDEN, Judge.

UPON SUPREME COURT MANDATE

This appeal is back before us per Mandate of the Florida Supreme Court based on its opinion and judgment reported as Firestone v. Time, Inc., Fla.1972, 271 So.2d 745. Faithful to its requirement, we vacate our opinion reported as Time, Inc. v. Firestone, Fla.App.1971, 254 So.2d 386, insofar as it found merit in appellant’s Point III:

If there is a cause of action, whether plaintiff’s proof was sufficient under the doctrine of New York Times v. Sullivan.

And now to the dilemma and our perplexity. What is our present duty and the requirement of law as…