Demolfetta v. American Sightseeing Tours, Inc.

The trial court’s order of dismissal for failure to serve the 5 day notice provided by Section 770.01 Florida Statutes (1983) prior to bringing a defamation action against a private “non-media” entity is reversed under the reasoning found in this court’s recent opinion of Davies v. Bossert, 449 So.2d 418 (Fla. 3d DCA 1984).

Therefore the order under review is reversed and the matter is returned to the trial court for further proceedings.