BUTLER v. CITY OF VERO BEACH

No. 85-1305.

495 So.2d 266 (1986)

William Charles BUTLER and Gizelle Butler, His Wife, Appellants, v. CITY OF VERO BEACH and R.T. Dobeck, As Sheriff of Indian River County, Jointly and Severally, Appellees.

District Court of Appeal of Florida, Fourth District.

October 1, 1986.


Attorney(s) appearing for the Case

John N. Hamilton of Nance, Cacciatore & Sisserson, Melbourne, for appellants.

George P. Roberts, Jr., and Kenneth W. Moffet of Fleming, O'Bryan & Fleming, West Palm Beach, for appellee-City of Vero Beach.

Ronald A. Labasky of Haben, Parker, Skelding, Costigan, McVoy & Labasky, Tallahassee, for appellee-R.T. Dobeck.


PER CURIAM.

This is an appeal by the unsuccessful plaintiff in a false arrest/false detention action from a summary final judgment. We reverse.

I

Our basis for reversal is our conclusion that in this type of action, the finding of probable cause by the committing magistrate at a first appearance does not establish an absolute defense to this cause of action when the record reflects, as this one does, that the accused was given no opportunity to present...

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