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BURNS v. GCC BEVERAGES, INC.

No. AZ-83.

469 So.2d 806 (1985)

James R. BURNS, Appellant, v. GCC BEVERAGES, INC., a Florida Corporation, d/b/a Pepsi-Cola Bottlers of Jacksonville, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 12, 1985.

Attorney(s) appearing for the Case

Gerald S. Bettman and Jack W. Bettman, Jacksonville, for appellant.

Floyd L. Matthews, Jr. and Jerry J. Waxman, of Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for appellee.

Before ERVIN, C.J., and MILLS, BOOTH, LARRY G. SMITH, SHIVERS, WENTWORTH, JOANOS, THOMPSON, WIGGINTON, NIMMONS, ZEHMER and BARFIELD, JJ.

EN BANC OPINION

WIGGINTON, Judge.

This appeal is from the trial court's order granting summary judgment in favor of appellee, the defendant in a malicious prosecution action. The trial court found that appellant's arrest warrant issued by a judge raised a presumption of the existence of probable cause which was not overcome by proof of fraud or other improper means in securing the committal. After reviewing the...

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