GATTO v. PUBLIX SUPERMARKET, INC.

No. 79-1270.

387 So.2d 377 (1980)

Anthony GATTO, Appellant, v. PUBLIX SUPERMARKET, INC. and Harold Stepp, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 25, 1980.


Attorney(s) appearing for the Case

High, Stack, Lazenby, Bender, Palahach & Lacasa and Alan R. Dakan, Miami, William J. Williams, Coral Gables, for appellant.

Marlow, Shofi, Ortmayer, Smith, Connell & Valerius and Joseph H. Lowe, Miami, for appellees.

Before HUBBART, NESBITT and DANIEL PEARSON, JJ.


DANIEL PEARSON, Judge.

The genesis of this case was an incident in which Publix employees, believing that Gatto had shoplifted some paperback books, (1) attempted to retrieve the books, (2) called the police who arrested Gatto, and (3) executed a sworn complaint leading to an abortive criminal prosecution of Gatto. Gatto thereafter sought damages in a suit against Publix Supermarket, Inc. and its store manager, Harold Stepp, charging assault and battery, false arrest...

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