Perl v. Omni Intern. of Miami, Ltd., 82-1420
| Decision Date | 18 October 1983 |
| Docket Number | No. 82-1420,82-1420 |
| Citation | 439 So.2d 316 |
| Parties | Jerry B. PERL, Appellant, v. OMNI INTERNATIONAL OF MIAMI, LTD., a Florida limited partnership, Appellee. |
| Court | Florida District Court of Appeals |
Robert J. Levine, Miami, for appellant.
Valdes-Fauli, Richardson & Cobb and Robert S. Turk, Miami, for appellee.
Before HUBBART, DANIEL S. PEARSON and JORGENSON, JJ.
This is an appeal from a final order dismissing with prejudice a complaint for compensatory and punitive damages based on claims of fraud, perjury, forgery, and slander, arising out of administrative proceedings in an unemployment compensation case. We affirm.
The plaintiff Jerry B. Perl filed a complaint in the trial court against his former employer, the defendant Omni International of Miami, Ltd., in which two asserted causes of action were pled. The first such cause of action is for "fraud, forgery and perjury;" the second cause of action is for "slander." It is alleged in both counts that the plaintiff Perl was terminated from his employment by his employer [the defendant Omni], that the plaintiff Perl submitted a claim for unemployment compensation benefits with the Florida Department of Labor and Employment Security, that this claim was denied based on the defendant Omni's allegation that the plaintiff Perl was discharged for unsatisfactory job performance, that an appeal was taken therefrom to an appeals referee wherein certain testimony was taken and documents received in evidence, and that the appeals referee also denied the plaintiff Perl's claim.
The gravamen of the two causes of action is that during the appeals hearing the defendant Omni through its agent John Tossillo allegedly gave false and slanderous testimony and submitted false and forged documents which tended to establish that the plaintiff was guilty of job-related misconduct, that the appeals referee based her denial of plaintiff Perl's unemployment compensation claim on such evidence, and that the plaintiff Perl was damaged thereby. Upon proper motion, the trial court dismissed this complaint as being barred by Section 443.041(3), Florida Statutes (1981). This appeal follows.
As the plaintiff Perl implicitly concedes on appeal, the slander count of the complaint was plainly barred by Section 443.041(3), Florida Statutes (1981), relating to unemployment compensation proceedings. This statute provides:
"PRIVILEGED COMMUNICATIONS.--All letters, reports, communications, or any other matters, either oral or written, from the employer or employee to each other or to the division or any of its agents, representatives or employees which shall have been written, sent, delivered, or made in connection with the requirements and administration of this chapter, shall be absolutely privileged and shall not be made the subject matter or basis for any suit for slander or libel in any court of the state." (emphasis added)
Perl contends, however, that the above statute is unconstitutional as it denies him his right of...
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...cause of action for the deliberate introduction of alleged false exhibits into evidence in a prior case); Perl v. Omni Int'l of Miami, Ltd., 439 So.2d 316, 317 (Fla.Dist.Ct.App.1983) (finding that litigation immunity barred a damages claim for "fraud, perjury, and forgery" based on "alleged......
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