HERNANDEZ v. K-MART CORP.

No. 86-408.

497 So.2d 1259 (1986)

Dany HERNANDEZ and Miguel Hernandez, Appellants, v. K-MART CORPORATION, Appellee.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing December 9, 1986.


Attorney(s) appearing for the Case

Rossano, Torrent & Leyte-Vidal and Robert Rossano, Miami, for appellants.

Peters, Pickle, Flynn & Niemoeller and Donna C. Hurtak, Miami, for appellee.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.


NESBITT, Judge.

There being an absence of any evidence to support K-Mart's affirmative defenses of probable cause and consent, we find that the trial court erred in submitting these issues to the jury. Therefore, we reverse the judgment below.

A security guard, working for K-Mart, approached Dany Hernandez in the parking lot of the K-Mart store. At the guard's request, she accompanied him to a room in the back of the store where she was accused of shoplifting...

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