EMILIO MAS, INDIVIDUALLY, AND SIMON AMADOR AND ISABEL AMADOR, AS HUSBAND AND WIFE, APPELLANTS,
v.
METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, NORBERTO REYES AND THERON MCCLAIN, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES, APPELLEES

Fla. 3d DCA | 2001-01-24
No. 3D00-615
Before JORGENSON, GODERICH and SHEVIN, JJ.
775 So. 2d 1010 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 1 case

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Synopsis

The appellate court reviewed a decree of annulment granted to a husband, where the wife had initially sued for divorce and later counterclaimed for separate maintenance, and the trial court expressed doubt about the divorce proof before granting annulment.


Holding

The appellate court reviewed the annulment decree, noting the trial court's doubt regarding the divorce proof and the lack of disposition on the wife's counterclaim.


Facts & Procedural History

A husband sued for divorce, attaching a pre-nuptial agreement. The wife counterclaimed for separate maintenance. The trial court, doubting the divorce…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the summary judgment in the County’s favor on plaintiffs’ false arrest/false imprisonment claims. “The record clearly shows, without material dispute, that the police officers had probable cause to arrest [plaintiffs].” Medard v. Miami-Dade County, 769 So. 2d 1127,1127 (Fla. 3d DCA 2000); Bolanos v. Metropolitan Dade County, 677 So. 2d 1005 (Fla. 3d DCA 1996). “Since probable cause is a complete bar to an action for false arrest and false imprisonment, summary judgment was properly entered in the County’s favor.” Bolanos, 677 So. 2d at 1005 (citations omitted).

Affirmed.


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