BUENAVENTURA DURAN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (17 total)

• In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence, 35 So. 3d 666 (Fla. 2010)
  …stitute a complete defense, instruction 407.8should be re-worded accordingly. 2. Arrest pursuant to warrant. An arrest pursuant to warrant or other court order is privileged unless the instrument is void on its face. Willingham v. City of Orlando, 929 So. 2d 43, 48-49 (Fla. 5th DCA 2006); Jackson v. Navarro, 665 So. 2d 340, 341 (Fla. 4th DCA 1995). If claimant seeks to avoid the effect of a warrant or court order for his arrest, the issue will ordinarily be one of law, but if a jury question arises, an app…
• Montejo Gaspar Montejo v. Martin Mem'l Med. Ctr., Inc., 935 So. 2d 1266 (Fla. 4th DCA 2006)
  …violates a statute, or is erroneous or even unconstitutional, as long [*1271] as it is ‘facially valid.’ ”) (quoting Turney, 898 F. 2d at 1473). Florida law is consistent with the federal authorities on this issue. See Willingham v. City of Orlando, 929 So. 2d 43, 49 (Fla. 5th DCA 2006) (citing a number of federal cases, including Valdez, and recognizing that “so long as a warrant is valid on its face, [a state agent] is entitled to an absolute grant of immunity springing from the judicial immunity of the ju…
• Miami-Dade Cnty. & Sergeant Patricia Sedano v. Ahmed Asad, 78 So. 3d 660 (Fla. 3d DCA 2012)
  …der the viability of the false arrest claims based on the exclusion of the inadmissible evidence and the unrebutted admissible evidence. False arrest is “the unlawful restraint of a person against that person’s will.” Willingham v. City of Orlando, 929 So. 2d 43, 48. (Fla. 5th DCA 2006). Probable cause is an affirmative defense to a false arrest claim. Mailly v. Jenne, 867 So. 2d 1250, 1251 (Fla. 4th DCA 2004); [*670] Jackson v. Navarro, 665 So. 2d 340, 342 (Fla. 4th DCA 1995). Probable cause exists when th…

Authorities Cited

• Williams v. State, 825 So. 2d 994 (Fla. 4th DCA 2002)