DALE AUBREY MAYBIN, APPELLANT,
v.
MALCOLM THOMPSON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE CITY OF FORT MYERS POLICE DEPARTMENT, A MUNICIPAL CORPORATION, AND CITY OF FORT MYERS, A MUNICIPAL CORPORATION, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Dale Aubrey Maybin appealed two consolidated cases: one challenging a judgment dismissing his battery, false arrest, and false imprisonment claims against the City of Fort Myers, and another involving a malicious prosecution claim against Officer Malcolm Thompson. The court affirmed the dismissal of claims against the city and reversed the partial grant of Maybin's motion for new trial, ordering a complete new trial on the malicious prosecution claim due to unadmitted evidence reaching the jury.
The court affirmed the final judgment in favor of the City of Fort Myers on all claims against it. The court reversed the trial court's order granting a new trial only as to damages and remanded for a complete new trial on all issues of damages and liability in the malicious prosecution action against Thompson.
[1] An appeal from an order that grants in part and denies in part a motion for a new trial is generally treated as a cross-appeal when a timely appeal has been filed from th…
[2] A confession of error by a codefendant regarding improperly admitted evidence warrants a new trial on both liability and damages in a malicious prosecution action.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We find no reversible error in the proceedings leading to that final judgment and, therefore, affirm the final judgment for the city of Fort Myers.”
The court's affirmance of the dismissal of claims against the City of Fort Myers on the battery, false arrest, and false imprisonment causes of action.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMaybin filed suit against the City of Fort Myers and Officer Malcolm Thompson alleging battery, false arrest, false imprisonment, and malicious prosec…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse New Trial On Damages cases and more on FLexlaw
CAMPBELL, Chief Judge.
In one of these consolidated appeals, appellant, plaintiff below, Dale Aubrey May-bin, appeals a final judgment entered in favor of appellee, defendant below, city of Fort Myers (case number 88-02906), wherein appellee was absolved of liability in regard to a cause of action alleging battery, false arrest and false imprisonment. ' We find no reversible error in the proceedings leading to that final judgment and, therefore, affirm the final judgment for the city of Fort Myers.
In the other consolidated appeal (case number 88-02459), the trial court entered an order which granted in part and denied in part Maybin’s motion for new trial in an action for malicious prosecution. Maybin first sought to appeal from that part of the order which denied, in part, his motion for new trial. Malcolm Thompson, codefend-ant below with the city of Fort Myers, filed a cross-appeal from that part of the order which granted a new trial as to damages only. The city of Fort Myers was not named as a party in that alleged cause of action.
Procedurally, Maybin’s attempted appeal from that part of the order which denied, in part, a motion for new trial is an attempt to appeal a nonappealable order. We have treated Thompson’s cross-appeal as the main appeal since it was timely filed in regard to an appealable order. Maybin’s attempted appeal has been treated as a cross-appeal.
Maybin’s motion for new trial sought a new trial on the issues of damages alone, a verdict having been rendered for Maybin and against Thompson on the malicious prosecution cause of action, but zero damages having been awarded by the jury. No appeal has been taken and no motion for new trial was filed in regard to the verdict for Thompson on the other causes of action. Since the filing of the notice of appeal, Thompson has filed a confession of error regarding documents pertaining to Thompson that found their way into the jury room deliberations without being admitted into evidence.
In his confession of error, Thompson suggests that a new trial must be awarded as to all issues, damages and liability on the cause of action alleged for malicious prosecution. We agree and reverse the order granting a new trial as to damages only and remand for a new trial on all issues of damages and liability growing out of the malicious prosecution cause of action alleged against Thompson.
Affirmed in part, reversed in part and remanded.
HALL and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Maybin v. Thompson, 606 So. 2d 1240 (Fla. 2d DCA 1992)…motion, the trial court granted a new trial on the issue of damages for malicious prosecution, and Thompson appealed. The verdict finding Thompson not liable for battery, and false arrest/false imprisonment was not appealed. In Maybin v. Thompson, 560 So. 2d 295 (Fla. 2d DCA 1990), this court reversed the trial court’s order granting a new trial as to damages only, and remanded for a new trial on all issues of damages and liability growing out of the action for malicious prosecution. Upon remand to the tria…