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FOOD FAIR STORES, INC. v. KINCAID

Nos. 75-340 and 74-1256.

335 So.2d 560 (1976)

FOOD FAIR STORES, INC., d/b/a Pantry Pride Stores, Inc., Appellant, v. Marjorie M. KINCAID, Appellee. Marjorie M. KINCAID, Appellee, v. FOOD FAIR STORES, INC., d/b/a Pantry Pride Stores, Inc., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 13, 1976.

Attorney(s) appearing for the Case

Edna L. Caruso, Howell, Kirby, Montgomery, D'Aiuto & Dean, West Palm Beach, for appellant Food Fair Stores.

Richard A. Gilbert, Fowler, White, Gillen, Boggs, Villareal & Banker, and Michael L. Kinney, Tampa, for appellee/cross-appellant Kincaid.

PER CURIAM.

Appellant, Food Fair Stores, Inc., appealed a $17,500 judgment in favor of Mrs. Kincaid entered in a false arrest and malicious prosecution suit. Mrs. Kincaid filed a separate notice of appeal contending that the trial court erred in not submitting the question of punitive damages to the jury. These two appeals have been consolidated.

The facts surrounding the incident were conflicting in some respects. Mrs. Kincaid testified that a little before...

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