TEMPLIN v. K-MART CORPORATION

No. 86-549.

504 So.2d 18 (1987)

Estelle TEMPLIN and Richard Templin, Appellants, v. K-MART CORPORATION, a Foreign Corporation and Fred Wynn, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 16, 1987.


Attorney(s) appearing for the Case

James C. Fisher, Altamonte Springs, for appellants.

Henry W. Jewett, II and Lamar D. Oxford of Dean, Ringers, Morgan & Lawton, Orlando, for appellees.


PER CURIAM.

The Templins appeal from a final summary judgment entered against them in their suit for malicious prosecution against K-Mart Corporation. The suit was brought after Estelle Templin was found not guilty in a retail theft prosecution initiated by appellee. We reverse.

The sole issue in this appeal is whether the record shows as a matter of law that K-Mart had probable cause to seek prosecution of Templin for the theft of artificial flowers and greenery...

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