PINKERTON v. EDWARDS

No. AL-78.

425 So.2d 147 (1983)

Sherry Lynn PINKERTON, Appellant, v. Robert B. EDWARDS and Frankie Mills, Sheriff of Okaloosa County, Florida, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied February 8, 1983.


Attorney(s) appearing for the Case

Woodburn S. Wesley, Jr. of Cotton, Wesley & Poche, Shalimar, for appellant.

Julius F. Parker, Jr. of Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, for appellees.


SHAW, Judge.

The issue on appeal is whether the denial of a motion for a judgment of acquittal at the conclusion of the State's case creates a presumption of probable cause so as to bar a later action for malicious prosecution. We hold that it does not.

Appellant Pinkerton was arrested and jailed by appellee Deputy Sheriff Edwards. The State Attorney filed a one-count information against Pinkerton charging her with battery on a law enforcement officer. After...

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