KMART CORP. v. CULLEN

No. 95-2873.

693 So.2d 1038 (1997)

KMART CORPORATION, Appellant, v. Jack CULLEN, Appellee.

District Court of Appeal of Florida, Third District.

May 14, 1997.


Attorney(s) appearing for the Case

Adorno & Zeder and Raoul G. Cantero, III and Gregory A. Victor and Jared Gelles, Coconut Grove, for appellant.

Arnold R. Ginsberg, Miami, and Samuel M. Spatzer, Coral Gables, and Todd Schwartz, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.


SCHWARTZ, Chief Judge.

After a jury verdict for the plaintiff Cullen in a shoplifting-malicious prosecution case, the trial judge granted a new trial on the issue of damages only. On this appeal, the defendant KMart, claims, among other things, the right to a judgment in its favor on the ground that it had probable cause for pursuing a criminal action against the plaintiff as a matter of law. Pretermitting the other issues presented, we agree with that position and...

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