KILBURN v. DAVENPORT

No. 73-188.

286 So.2d 241 (1973)

Richard KILBURN, Appellant, v. William DAVENPORT, Individually and As Employee, Owner, Manager, Franchisee and/or Agent; Kirby Company of South Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 20, 1973.


Attorney(s) appearing for the Case

Stanley Jay Bartel, Miami, Joe N. Unger, Miami Beach, for appellant.

Horton & Perse and Arnold Ginsberg, Ralph P. Ezzo, Miami, for appellee.

Before CARROLL, HENDRY and HAVERFIELD, JJ.


HENDRY, Judge.

Appellant, plaintiff in the trial court, seeks review of a directed verdict in favor of defendant-appellee, which followed a jury verdict for the plaintiff in an action for malicious prosecution.

The evidence, viewed in a light most favorable to the plaintiff upon a directed verdict against him, showed that plaintiff, Mr. Kilburn, was employed by defendant, Mr. Davenport, as a vacuum cleaner salesman. Kilburn was issued on consignment a demonstrator...

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