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Starkenstein v. City of Daytona Beach

District Court of Appeal of Florida, First District
Jan 14, 1970
229 So. 2d 274 (Fla. Dist. Ct. App. 1970)

Opinion

No. L-337.

December 16, 1969. Rehearing Denied January 14, 1970.

Appeal from the Circuit Court, Volusia County, Horace D. Riegle, J.

J. Russell Hornsby, Orlando, and David Neuwirth, New York City, for appellants.

Green Strasser, Daytona Beach, and W.J. Oven, Jr., Tallahassee, for appellees.


This appeal questions the correctness of a summary final judgment rendered in favor of appellees.

The principal point argued in opposition to and support of the judgment appealed relates to whether the pleadings, depositions and other evidence in the file create a genuine issue of a material fact with respect to the absence of probable cause for the arrest of plaintiffs by the police officers employed by defendant city. The necessity of establishing the absence of probable cause as a predicate for recovery is admitted. A careful examination of the record on appeal fails to disclose any evidence creating a genuine triable issue relative to the absence of probable cause. Appellees were entitled to judgment as a matter of law so the judgment appealed is affirmed.

Tatum Bros. Real Estate Investment Co. v. Watson (1926), 92 Fla. 278, 109 So. 623.

Kodel v. City National Bank of Coral Gables (Fla.App. 1969), 223 So.2d 390; Gallucci v. Milavic (Fla. 1958), 100 So.2d 375, 68 A.L.R.2d 1164; Goldstein v. Sabella, (Fla. 1956), 88 So.2d 910, 58 A.L.R.2d 1418.

Florida State Turnpike Authority v. Michael Baker, Jr., Inc. (Fla.App. 1963), 156 So.2d 198.

JOHNSON, C.J., and WIGGINTON and SPECTOR, JJ., concur.


Summaries of

Starkenstein v. City of Daytona Beach

District Court of Appeal of Florida, First District
Jan 14, 1970
229 So. 2d 274 (Fla. Dist. Ct. App. 1970)
Case details for

Starkenstein v. City of Daytona Beach

Case Details

Full title:WILLIAM L. STARKENSTEIN AND LYDIA STARKENSTEIN, HUSBAND AND WIFE…

Court:District Court of Appeal of Florida, First District

Date published: Jan 14, 1970

Citations

229 So. 2d 274 (Fla. Dist. Ct. App. 1970)