MIREYA BOLANOS, APPELLANT,
v.
METROPOLITAN DADE COUNTY, APPELLEE
PER CURIAM.
Mireya Bolanos appeals an adverse summary judgment entered in her action against Metropolitan Dade County for false arrest and false imprisonment. We find that the undisputed facts in the record fully support the trial court’s conclusion that probable cause existed for Ms. Bolanos’ initial arrest and detention by the police. Since probable cause is a complete bar to an action for false arrest and false imprisonment, White v. Miami Home Milk Prods. Ass’n, 143 Fla. 518, 197 So. 125 (1940); Metropolitan Dade County v. Norton, 543 So. 2d 1301 (Fla. 3d DCA), rev. denied, 551 So. 2d 462 (Fla.1989); Rothstein v. Jackson’s, Inc., 133 So. 2d 331 (Fla. 3d DCA 1961), summary judgment was properly entered in the County’s favor. Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (17 total)
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Mathis v. Coats, 24 So. 3d 1284 (Fla. 2d DCA 2010)…use for arrest existed was reasonable under the circumstances and based on information then available to him. The arrest was lawful. Probable cause barred an action for false arrest on the record as then developed. See Bolanos v. Metro. Dade County, 677 So. 2d 1005, 1005 (Fla. 3d DCA 1996). Amended Complaint After the trial court orally announced the grant of the Sheriffs motion for summary judgment, Ms. Mathis filed a motion for reconsideration and sought leave to file an amended complaint. The trial court…
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City OF ST. Petersburg v. Austrino, 898 So. 2d 955 (Fla. 2d DCA 2005)…Weiner, 155 Fla. 169, 19 So. 2d 699, 700 (1944); Spears v. Albertson’s Inc., 848 So. 2d 1176, 1178 (Fla. 1st DCA 2003). In a false arrest action, probable cause is an affirmative defense to be proven by the defendant. Bolanos v. Metro. Dade County, 677 So. 2d 1005, 1005 (Fla. 3d DCA 1996). Probable cause is a fluid concept. The courts recognize that probable cause for an arrest may be based upon hearsay and [*958] does not require the same quantum of evidence needed to sustain a conviction. Otherwise, as Jud…
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Mailly v. Ken Jenne as Sheriff of Broward Cnty., 867 So. 2d 1250 (Fla. 4th DCA 2004)…nt entered in their actions against the Sheriff of Broward County for false arrest. We affirm the trial court’s ruling that there was probable cause for the arrests, which operates as a complete bar to the actions. See Bolanos v. Metro. Dade County, 677 So. 2d 1005 (Fla. 3d DCA 1996). On February 16, 1999, the state charged Mailly and Duffy with engaging in lewdness, contrary to section 796.07(2)(e), Florida Statutes (1999), and remaining in a place for the purposes of prostitution, lewdness, or assignation,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- White v. Miami Home Milk Producers Ass'n & E. J. Melton & B. F. Thompson, 143 Fla. 518 (Fla. 1940)
- Rothstein v. Jackson's OF Coral Gables, Inc., 133 So. 2d 331 (Fla. 3d DCA 1961)
- Metro. Dade Cnty. v. Norton, 543 So. 2d 1301 (Fla. 3d DCA 1989)