FRAZIER

v.

BENNETT, WARDEN

Citator

Cited By (16 total)

• Pokorny v. First Fed. Sav. & Loan Ass'n OF Largo, 382 So. 2d 678 (Fla. 1980)
  …ught only in the form of civil suits for malicious prosecution. See, e. g., City of Miami Springs v. Carr, 319 So. 2d 184 (Fla.3d DCA 1975); Wilson v. O’Neal, 118 So. 2d 101 (Fla. 1st DCA I960), appeal dismissed 123 So. 2d 677 (Fla.1960), cert. den. 365 U.S. 850, 81 S.Ct. 813, 5 L.Ed.2d 814 (1961). A plaintiff contending that he had been improperly arrested as the result of negligence in swearing out a warrant must bear the burden of establishing malice and want of probable cause. Mere negligence alone is i…
• Kalt v. Dollar Rent-A-Car, 422 So. 2d 1031 (Fla. 3d DCA 1982)
  …1st DCA 1963); Calbeck v. Town of South Pasadena, 128 So. 2d 138 (Fla.2d DCA 1961); Wilson v. O’Neal, 118 So. 2d 101 (Fla.1st DCA 1960), cert. dismissed, 122 So. 2d 403 (Fla.1960), appeal dis [*1033] missed, 123 So. 2d 677 (Fla.1960), cert. denied, 365 U.S. 850, 81 S.Ct. 813, 5 L.Ed.2d 814 (1961); Napper v. Krentzman, 102 So. 2d 633 (Fla.2d DCA 1958). . See §§ 784.07 and 843.06, Fla.Stat. (1979).…
• Morgan Int'l Realty, Inc. v. Dade Underwriters Ins. Agency, Inc., 617 So. 2d 455 (Fla. 3d DCA 1993)
  …hich may be inferred from circumstances such as the want of probable cause, even though no actual malevolence or corrupt design is shown. Wilson v. O’Neal, 118 So. 2d 101, 104 (Fla. 1st DCA), cert. dismissed, 122 So. 2d 403 (Fla.1960), cert. denied, 365 U.S. 850, 81 S.Ct. 813, 5 L.Ed.2d 814 (1961). In the Murphy trial, the jury was instructed that the “malice” element could be inferred from a lack of probable cause or satisfied by proof that the insured acted “recklessly and without regard to whether the…