2025-0160 — Gregory Lattimer v. Eric Babcock

The Fifth District Court of Appeal reversed and remanded a county court's grant of summary judgment in a defamation case brought by Gregory Lattimer against Eric Babcock.

The court held that disputed issues of material fact and jury questions exist regarding whether Babcock acted negligently in publishing allegedly false and defamatory statements about Lattimer at an HOA meeting. The trial court erred in granting summary judgment based solely on Babcock's claim that unnamed law enforcement officers told him about the allegations, because Babcock could not identify the officers, admitted he had no personal knowledge of the alleged shooting threat or hate crime investigation, and made inconsistent statements about the source of his information. The court emphasized that credibility determinations and weighing evidence are jury functions, not judicial ones, and that a defendant's failure to make reasonable attempts to verify hearsay information can support a finding of negligence in defamation.

Private persons who are defamed by statements made at homeowners' association meetings or other public forums.

Decision issued May 1, 2026.