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BAUDER v. GENTILE

No. 96-2265.

697 So.2d 1222 (1997)

Gary BAUDER, Appellant, v. Barbara White GENTILE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 27, 1997.

Attorney(s) appearing for the Case

Andre Rouviere, Coral Gables; Jepeway and Jepeway, Louis M. Jepeway, Jr., Miami, for appellant.

Robert A. Ginsburg, Dade County Attorney, Thomas H. Robertson, Assistant County Attorney, for appellee.

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

PER CURIAM.

The plaintiff, Gary Bauder, appeals from an adverse final summary judgment. We reverse.

In Malley v. Briggs, 475 U.S. 335, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986), the United States Supreme Court held that "objective reasonableness ... defines the qualified immunity accorded an officer whose request for a warrant allegedly caused an unconstitutional arrest." Malley, 475 U.S. at 344, 106 S.Ct. at 1098...

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