Legal Question in Civil Litigation in Florida

My neighbor called in a 100% false 911 call against me and lied to the police. I have the police report and the 911 summary all filled with lies. I was standing 50 feet away taking a picture of their cars parked all over the front yard to show to city hall and see if there was a code violation. I did not want to talk to her, but she can out and I asked from 50 feet away if it was legal to park the cars all over the front lawn. I then walked into my house. Less than 5 minutes later a police cruiser showed up at their house and they stayed there for a few minutes and came to talk with me. The police did not ask about or mention the lies she told them. first that I was on her property trespassing, that I threatened her. and that I was harrassing her with calls to the code department, any other thing I had nothing to do with. Another unhappy neighbor must have made the calls to city hall. Can I sue for libel.


Asked on 12/03/09, 1:30 pm

4 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You have not been damaged.

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Answered on 12/08/09, 1:59 pm
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

A successful lawsuit has two essential components. The first is liability. The elements for defamation are (1) the defendant published a false statement (in this case a false 911 tape would likely meet this requirement); (2) about the plaintiff; (3) to a third party; and (4) the falsity of the statement caused injury to the plaintiff. Unless you were arrested, there is injury, and therefore you would not likely prevail.

The second element to a successful lawsuit is damages. Specifically, you have to demonstrate how the defamation caused you monetary or other damages for which you are entitled to monetary compensation. You don't it appears, have any damages. Therefore, even if you were to establish liability, you might only get what is called nominal damages, something like the judge entering judgment in your favor, and ordering the Defendant to pay a dollar.

In short, you should not sue your neighbor. Find some other avenue to work out the problems, or move.

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Answered on 12/08/09, 3:55 pm
Lesly Longa Longa Law P.A.

It is against the law to give false statements to the police. Report it to the police. It is a misdemeanor crime.

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Answered on 12/08/09, 6:43 pm
Sarah Grosse Sarah Grosse, Esquire

I have jury trial experience in neighbor wars, and I want to tell you right now that it is better to walk away.

Defamation (libel or slander) requires that you be damaged in a legally compensable way. I hear no damage here -- just that you are pissed. If you lose your job, or the HOA kicks you out, or something of that nature, then BIG MAYBE it might be compensable.

False statements to police are a crime, as Ms. Longa correctly points-out. But, here we have a 'he said, she said' situation where nothing can really be true with one word against another's. Just because you said it isn't true, doesn't make it so. So, it's a wash.

Don't get yourself into a full-on neighbor war where you video tape each other doing every little thing (like walking to the mailbox in a bathrobe) and calling the cops if there are 4 cars parked outside, or listening to any loud yelling from the neighbor so you can call the cops (or DCF) and 'catch them' in a family dispute.

Walk away. They could make you look like the crazy one at trial, and you could be convicted of multiple crimes if this proceeds beyond all rational bounds.

My best advice is walk away. Move if you have to. Stay to yourself. Leave the neighbors alone. Please.

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Answered on 12/08/09, 9:37 pm


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