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CITY OF ST. PETERSBURG v. AUSTRINO

No. 2D02-5802.

898 So.2d 955 (2005)

CITY OF ST. PETERSBURG, Appellant, v. Donald AUSTRINO and Maria Austrino, his wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 20, 2005.

Attorney(s) appearing for the Case

John C. Wolfe, City Attorney, and Deborah Glover-Pearcey, Assistant City Attorney, St. Petersburg, for Appellant.

Marcus A. Castillo of Haas & Castillo, P.A., Clearwater, for Appellees.

CASANUEVA, Judge.

The City of St. Petersburg appeals a jury finding of liability for false arrest and an award of damages of $45,000, for which the City was found to be ninety percent liable.1 We affirm on all points raised, writing only to comment on the issue of probable cause.

At approximately 5:00 a.m. on April 9, 1998, fifty-five-year-old Donald Austrino was awoken and arrested in his home by City of St. Petersburg Police...

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