ROSE'S STORES, INC. v. MASON

No. 76-1059.

338 So.2d 1323 (1976)

ROSE'S STORES, INCORPORATED and Edward S. Rose, Appellants, v. Pearl MASON, Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 1976.


Attorney(s) appearing for the Case

Ronald S. Webster, Whittaker, Pyle & Stump, Orlando, for appellants.

No appearance for appellee.


ALDERMAN, Judge.

This is an appeal from an order of the Circuit Court of Seminole County granting appellee's motion for new trial. Appellee, the plaintiff below, sued appellants for false imprisonment. The jury's verdict was for the appellants. After entry of final judgment, the trial court granted appellee's motion for new trial, reciting that it had "erred in failing to instruct the jury directly that a protest on the part of the plaintiff was not an element of...

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