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PHELPS v. JOHNSON

No. 2D11-6483.

113 So.3d 924 (2013)

Robert PHELPS and Richard Beuchat, Appellants, v. Jimmy Dean JOHNSON, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 28, 2013.

Attorney(s) appearing for the Case

Stuart J. Freeman , J. Scott Brasfield , and Robyn M. Featherston of Brasfield, Freeman, Goldis, & Cash, P.A., St. Petersburg, for Appellants.

Lesley B. Smith Hayes and Delano S. Stewart of The Law Office of Delano S. Stewart, P.A., Tampa, for Appellee Jimmy Dean Johnson.

No appearance for Appellee John Henry.

KHOUZAM, Judge.

Robert Phelps and Richard Beuchat timely appeal the circuit court's order granting Jimmy Dean Johnson a new trial in this false imprisonment action. We reverse and remand with directions for the trial court to reinstate the verdict and enter judgment for the appellants.

Phelps and Beuchat mistakenly identified Johnson to law enforcement as the perpetrator of a strong-arm robbery and kidnapping. Johnson filed a complaint against them, alleging...

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