Straub v. Lehtinen, Vargas & Riedi, P.A.
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2009
GLENN F. STRAUB,
Appellant,
v.
LEHTINEN, VARGAS & RIEDI, P.A. and CLAUDIO RIEDI, ESQ.,
Appellees.
No. 4D07-972
[April 29, 2009]
On Remand from the Supreme Court of Florida
MAY, J.
This matter is before the court on remand from the Supreme Court of
Florida. In our original decision we reversed and remanded the case to
the trial court for reinstatement of the plaintiff’s second amended
complaint alleging a false light claim. See Straub v. Lehtinen, Vargas &
Riedi, P.A., 980 So. 2d 1085 (Fla. 4th DCA 2007). We also certified the
question of whether Florida recognized such a claim. Id. at 1087. That
question has now been answered in the negative and our decision has
been quashed. Lehtinen v. Straub, 34 Fla. L. Weekly S 244 (Fla. Feb. 26,
2009). We have been directed to review the case in light of the supreme
court’s recent decision in Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098,
115 (Fla. 2008).
Our review of the record indicates that the second amended complaint
contained a single claim for false light invasion of privacy. The supreme
court has now made clear that no such cause of action is cognizable in
our state. We therefore affirm the trial court’s order dismissing the
plaintiff’s second amended complaint with prejudice.
Affirmed.
STEVENSON, J., and TUTER, JACK, Associate Judge, concur.
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Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach
County;
Glenn
D.
Kelley,
Judge;
L.T.
Case
No.
502005CA001497XXXMB-AA.
Larry A. Zink of Zink, Zink & Zink CO., LPA, Hillsboro Beach, for
appellant.
Shelley H. Leinicke of Wicker, Smith, O'Hara, McCoy & Ford, P.A.,
Fort Lauderdale, for appellees.
Not final until disposition of timely filed motion for rehearing
2
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