K-MART CORP. v. SELLARS

No. TT-15.

387 So.2d 552 (1980)

K-MART CORPORATION, Appellant, v. Gregory Davidson SELLARS, Appellee.

District Court of Appeal of Florida, First District.

September 10, 1980.


Attorney(s) appearing for the Case

Harold H. Catlin of Howell, Howell, Liles, Braddock & Milton, Jacksonville, for appellant.

Peter J. Fryefield of Allen, Margol, Fryefield & McCauglie and Roy Lewis, Jacksonville, for appellee.


McCORD, Judge.

Appellant was found liable for malicious prosecution and false arrest, the jury awarding $50,000 compensatory damages $150,000 punitive damages. On appeal, K-Mart raises two points: that the denial in the criminal trial of Sellars' motions for judgment of acquittal constituted findings of probable cause barring the malicious prosecution action, and that the facts did not justify punitive damages for the false arrest.

In May 1978, the assistant...

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