CITY OF PENSACOLA v. OWENS

No. 53795.

369 So.2d 328 (1979)

CITY OF PENSACOLA, a Municipal Corporation, Petitioner, v. Kiplan Carlyle OWENS, Respondent.

Supreme Court of Florida.

Rehearing Denied April 27, 1979.


Attorney(s) appearing for the Case

H. Edward Moore, Jr. of Sherrill & Moore, Pensacola, for petitioner.

William R. Davenport, Pensacola, for respondent.


HATCHETT, Justice.

We have for resolution a certified question: In an action for malicious prosecution, is it the function of the court or of the jury to determine the existence of probable cause?1 Jurisdiction is pursuant to article V, section 3(b)(3), Florida Constitution. Where the facts are undisputed, as is the case here, the court must determine probable cause.

The facts of the case and its history are set out in the First...

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