MAURICE GUAY, APPELLANT,
v.
CITY OF MIAMI, JOSE BEHAR, AND JUAN GARCIA, APPELLEES

Fla. 3d DCA | 1990-08-07
No. 89-2797
Before SCHWARTZ, C.J., and NESBITT and GERSTEN, JJ.
564 So. 2d 1249 Florida District Court of Appeal, Third District (1990) Caution
Cited by 18 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Maurice Guay, appeals from an order granting final summary judgment in favor of appellees, the City of Miami, Jose Behar, and Juan Garcia on appellant’s claims for false imprisonment, assault, battery, and malicious prosecution. We reverse because we conclude that genuine issues of material fact remain on each of appellant’s claims, thus precluding the entry of summary judgment. See Holl v. Talcott, 191 So. 2d 40 (Fla.1966). It is axiomatic that “[i]f the existence of such issues or the possibility of their existence is reflected in the record, or the record raises even the slightest doubt in this respect, the summary judgment must be reversed.” Mejiah v. Rodriguez, 342 So. 2d 1066, 1067-1068 (Fla. 3d DCA 1977).

Reversed and remanded.


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  • Carratelli v. State, 832 So. 2d 850 (Fla. 4th DCA 2002)
    …ke.”). A superficial reading of one case from this court appears to depart from this weight of authority, but that case is not truly inconsistent and is distinguishable from the case at bar. In the personal [*857] injury case of Colvin v. Williams, 564 So. 2d 1249, 1250 (Fla. 4th DCA 1990), this court held that the appellant/plaintiff preserved for appeal an objection to evidence concerning the plaintiffs prior litigation experience, even though the trial court did not make a specific ruling on the issue. Thi…
  • Selma Gross v. Lyons, 721 So. 2d 304 (Fla. 4th DCA 1998)
    …on of damages. The jury could have found that any expenses incurred after the first accident were offset by her personal injury protection benefits and that she sustained no permanent injury as a result of the first accident. See Colvin v. Williams, 564 So. 2d 1249 (Fla. 4th DCA 1990); see also Emanuele v. Perdue, 693 So. 2d 1071 (Fla. 4th DCA 1997). We reverse and remand for a new trial on all issues other than defendant’s negligence for causing the accident, which defendant admitted. REVERSED AND REMANDED…
  • State Farm Mut. Auto. Ins. Co. v. ORR, 660 So. 2d 1061 (Fla. 4th DCA 1995)
    …r claim of the existence and permanency of injury by expert witness testimony which was based, primarily, on her uncontradieted complaints of pain from soft tissue injury. The question here is whether, in light of our decision in Colvin v. Williams, 564 So. 2d 1249 (Fla. 4th DCA 1990), the trial court erred in directing a verdict for Ms. Orr on the issue of permanency of injury. We hold it did not, and affirm. A directed verdict is proper when the evidence and all inferences therefrom, considered in the light…

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