ASSOCIATES REALTY CO. AND WILLIAM L. CONDER, APPELLANTS,

v.

PROCORP REALTY, INC., WILLIAM SPECHT, APPELLEES

Citator

Cited By

• The City OF Hialeah v. Rehm, 455 So. 2d 458 (Fla. 3d DCA 1984)
  …resented as to whether probable cause existed upon which plaintiff should have been arrested. The record contains conflicting evidence as to probable cause to arrest. This issue should have been properly submitted to the jury. Carson v. Brookshire, 440 So. 2d 614 (Fla. 1st DCA 1983). The circumstances of the present case require the resolution of conflicting evidence, and the plaintiff’s motion for directed verdict at the close of the evidence was therefore improperly granted. The record discloses the exist…
• LeGRAND v. Dean, 564 So. 2d 510 (Fla. 5th DCA 1990)
  …also City of Pensacola v. Owens, 369 So. 2d 328 (Fla.1979); Gause v. First Bank of Marianna, 457 So. 2d 582 (Fla. 1st DCA 1984); City of Hialeah v. Rehm, 455 So. 2d 458 (Fla. 3d DCA 1984), rev. den., 462 So. 2d 1107 (Fla.1985); Carson v. Brookshire, 440 So. 2d 614 (Fla. 1st DCA 1983); Weissman v. K-Mart Corp., 396 So. 2d 1164 (Fla. 3d DCA 1971). In this case a genuine issue of material fact is presented as to the basic facts underlying the probable cause determination. First, the deputy said he relied upon a…

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• Rotte v. City OF Jacksonville, 509 So. 2d 1252 (Fla. 1st DCA 1987)
  …the magistrate’s finding of probable cause to detain in the instant case was apparently without benefit of any evidence other than the arresting officer’s conclusory statements in the arrest report and supporting affidavit. See Carson v. Brookshire, 440 So. 2d 614 (Fla. 1st DCA 1983), in which this court held that while probable cause to arrest may be a defense in a false imprisonment action, “the existence of probable cause is a ‘common-sense, practical question’ dependent upon the totality of the circumstan…

Authorities Cited

• Uni-Chem Corp. OF Fla., Inc. v. Maret, 338 So. 2d 885 (Fla. 3d DCA 1976)