ALLEN E. HERBECK, APPELLANT,
v.
KENNETH S. HOLDEMAN, APPELLEE
In appellant-plaintiff’s action for damages for false arrest and malicious prosecution the trial court granted the defendant-appellee’s motion for summary judgment. The exhibits, including answers to interrogatories propounded to the plaintiff, reveal ample support of the defendant’s affirmative defense of “probable cause” for the action taken by defendant against the plaintiff with respect to alleged violation of special zoning restrictions. The affirmative defense of “advice of counsel” also appears to be sufficiently substantiated. The record as a whole reveals no reversible error of substantive or procedural law.
Affirmed.
WHITE, Acting C. J., and KANNER (ret.), J., and DOWNEY, JAMES C., Associate Judge, concur.
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Applestein v. Preston, 335 So. 2d 604 (Fla. 3d DCA 1976)…ere there was a showing of the requisite disclosure by the defendant to his attorney, upon whose advice the defendant acted. Duval Jewelry Co. v. Smith, supra; Paulk v. Buczynski, Fla.App.1958, 106 So. 2d 100, 102; Herbeck v. Holdeman, Fla.App.1964, 163 So. 2d 766. In Duval Jewelry Co. the Supreme Court said: “The record further discloses that prior to instituting the prosecution out of which this cause grew plaintiff in error sought and acted on the advice of counsel. The rule seems to be general that actin…
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Toomey v. City of Fort Lauderdale Police Officer Charles Tolin, 311 So. 2d 678 (Fla. 4th DCA 1975)…hy would it not thus be shown in the other case ? Unfortunately the authorities are in hopeless conflict on the question. Some cases hold that advice of counsel is a defense in a suit for false arrest (see, e. g., Herbeck v. Holdeman, Fla.App. 1964, 163 So. 2d 766; Seaboard Oil Co. v. Cunningham, 51 F. 2d 321 (5th Cir. 1931); Galarza v. Sprague, 284 Ill.App. 254, 1 N.E. 2d 275 (1936); Biddle v. Jenkins, 61 Neb. 400, 85 N.W. 392 (1901); Price v. Cook, 120 Okl. 105, 250 P. 519 (1926); others hold to the contrar…
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Austin v. Zayre Corp., 218 So. 2d 803 (Fla. 4th DCA 1969)…PER CURIAM. Affirmed on the authority of Camp v. Silas, 1934, 113 Fla. 323, 151 So. 706; Johnson v. Weiner, 1944, 155 Fla. 169, 19 So. 2d 699; Herbeck v. Holdeman, Fla.App.1964, 163 So. 2d 766; 32 Am.Jur.2d, False Imprisonment, § 35; 35 C.J.S. False Imprisonment § 24. WALDEN, C. J., and McCAIN and OWEN, JJ., concur.…
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