Fawcett Publications, Inc. v. Brown, 3360
| Decision Date | 02 November 1962 |
| Docket Number | No. 3360,3360 |
| Citation | 146 So.2d 899 |
| Parties | FAWCETT PUBLICATIONS, INC., a Delaware corporation, Appellant, v. Woodrow BROWN, Appellee. |
| Court | Florida District Court of Appeals |
Louis M. Jepeway, of Jepeway & Gassen, Miami, for appellant.
John D. Menas and H. Eugene Johnson, Tampa, for appellee.
The appellee, Woodrow Brown, filed his amended complaint against the appellant, Fawcett Publications, Inc., and one other defendant not a party to this appeal, alleging that he was libeled through an article appearing in Fawcett's magazine. The complaint further alleged that Fawcett was a Delaware corporation, conducting business in Hillsborough County, Florida, and the publisher of 'True Police Cases,' a magazine of general circulation in Hillsborough and Pasco Counties, Florida; and that the other defendant was a distributing agent for Fawcett with respect to the said magazine. In his more definite statement filed pursuant to order of the court, the plaintiff alleged that the following statements appeared in the issue of said magazine which contained the allegedly libelous article, to-wit:
'Permission hereby granted to quote from this issue of this magazine on radio or television, provided a total of not more than 1000 words is quoted and credit is given to the title of the magazine and issue, as well as the statement, copyright 1961, by Fawcett Publications, Inc.
'TRUE POLICE CASES is published bi-monthly by Fawcett Publications, Inc., Fawcett Building, Fawcett Place, Greenwich, Conn.;
Upon these allegations, and pursuant to the provisions of § 47.16, Florida Statutes, F.S.A., service of process was made upon this foreign corporation defendant in the method provided by § 47.30, Florida Statutes, F.S.A. The defendant, Fawcett, filed its motion to dismiss and to quash the service of process because of lack of jurisdiction over the person of that defendant. This motion was supported by the affidavit of the vice-president and assistant general manager of Fawcett and the affidavit of its newsstand sales manager. These affidavits state, in substance, that Fawcett Publications, Inc., is a corporation organized and existing under the laws of the State of Delaware; that it is not, and never has been, qualified or authorized to do business in Florida;...
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