WILLIAM L. STARKENSTEIN AND LYDIA STARKENSTEIN, HUSBAND AND WIFE, APPELLANTS,
v.
CITY OF DAYTONA BEACH, FLORIDA, A MUNICIPAL CORPORATION, AND HUGH BETHEA AND LEE CARRIER, INDIVIDUALLY, AND AS POLICE OFFICERS OF THE CITY OF DAYTONA BEACH, FLORIDA, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the record lacked evidence creating a genuine issue of material fact regarding the absence of probable cause for the arrest.
Plaintiffs were arrested by police officers employed by the defendant city. The plaintiffs sued, alleging the absence of probable cause for their arre…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse False Arrest cases and more on FLexlaw
This appeal questions the correctness of a summary final judgment rendered in favor of appellees.
The principal point argued in opposition to and support of the judgment appealed relates to whether the pleadings, depositions and other evidence in the file create a genuine issue of a material fact with respect to the absence of probable cause for the arrest of plaintiffs by the police officers employed by defendant city. The necessity of establishing the absence of probable cause as a predicate for recovery is admitted.1 A careful examination of the record on appeal fails to disclose any evidence creating a genuine triable issue relative to the absence of probable cause.2 Ap-pellees were entitled to judgment as a matter of law so the judgment appealed is affirmed.3
JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Tatum Bros. Real Est. & Inv. Co. v. Watson, 92 Fla. 278 (Fla. 1926)
- Al Gallucci v. Milavic, 100 So. 2d 375 (Fla. 1958)
- Goldstein v. Sabella, 88 So. 2d 910 (Fla. 1956)
- Fla. State Tpk. Auth. v. Michael Baker, JR., Inc., 156 So. 2d 198 (Fla. 2d DCA 1963)
- Kodel v. The City Nat'l Bank OF Coral Gables, 223 So. 2d 390 (Fla. 3d DCA 1969)