STARKENSTEIN v. CITY OF DAYTONA BEACH

No. L-337.

229 So.2d 274 (1969)

William L. STARKENSTEIN and Lydia Starkenstein, Husband and Wife, Appellants, v. CITY OF DAYTONA BEACH, Florida, a Municipal Corporation, and Hugh Bethea and Lee Carrier, Individually, and As Police Officers of the City of Daytona Beach, Florida, Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied January 14, 1970.


Attorney(s) appearing for the Case

J. Russell Hornsby, Orlando, and David Neuwirth, New York City, for appellants.

Green & Strasser, Daytona Beach, and W.J. Oven, Jr., Tallahassee, for appellees.


PER CURIAM.

This appeal questions the correctness of a summary final judgment rendered in favor of appellees.

The principal point argued in opposition to and support of the judgment appealed relates to whether the pleadings, depositions and other evidence in the file create a genuine issue of a material fact with respect to the absence of probable cause for the arrest of plaintiffs by the police officers employed by defendant city. The necessity of establishing...

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