McKINNEY v. DADE COUNTY

No. 76-665.

341 So.2d 1061 (1977)

Charles McKINNEY, Appellant, v. DADE COUNTY, a Political Subdivision of the State of Florida, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 18, 1977.


Attorney(s) appearing for the Case

Brumer, Moss, Cohen & Rodgers and Burt E. Redlus, Miami, for appellant.

Fowler, White, Burnett, Hurley, Banick & Knight and Fred R. Ober, Miami, for appellees.

Before BARKDULL, HAVERFIELD and NATHAN, JJ.


PER CURIAM.

Plaintiff, Charles McKinney, appeals an adverse partial final summary judgment on the issue of liability with respect to his claim of malicious prosecution.

On September 5 and again on October 8, 1974 McKinney was arrested by defendant Sgt. Ruth Cox. Two sets of criminal charges were filed against him and on October 31, 1974 and April 30, 1975 the charges were dismissed for lack of prosecution. McKinney filed a suit for false arrest and malicious...

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