WILLIAM DAVENPORT, ETC., PETITIONER,

v.

RICHARD KILBURN, RESPONDENT

Citator

Cited By

• Harris v. The Lewis State Bank, 482 So. 2d 1378 (Fla. 1st DCA 1986)
  …from responsibility. 52 Am.Jur.2d, Malicious Prosecution § 57. . Whether a defendant instigated criminal proceedings is a jury issue. Maiborne v. Kuntz, 56 So. 2d 720 (Fla.1952); Kilburn v. Davenport, 286 So. 2d 241 (Fla. 3d DCA 1973), cert. den., 295 So. 2d 301 (Fla.1974). See also Pearce v. United States Fidelity and Guaranty Co., 476 So. 2d 750 (Fla. 4th DCA 1985). . See cases cited in 24 Fla.Jur.2d, False Imprisonment and Malicious Prosecution § 21 n. 45. . Id; see also 52 Am Jur.2d, Malicious Prosecu…
• Thor Bear, Inc. v. Crocker Mizner Park, Inc., 648 So. 2d 168 (Fla. 4th DCA 1994)
  …. 2d 879, 881 (Fla. 5th DCA 1983). In fact, we urge the trial courts to rule on such motions for new trial in order to eliminate the possibility of a second appeal. See also Kilburn v. Davenport, 286 So. 2d 241, 244 (Fla. 3d DCA 1973), cert. denied, 295 So. 2d 301 (Fla.1974). However, where the trial court has ruled upon a motion for judgment in accordance with prior motions for directed verdict, but not upon the motion for new trial, the appropriate procedure upon reversal is to instruct the trial court on…
• McDONALD v. McGOWAN, 402 So. 2d 1197 (Fla. 5th DCA 1981)
  …y was entitled to a judgment as a matter of law, can we affirm the judgment. Allstate Ins. Co. v. Gordon, 364 So. 2d 44 (Fla.3d DCA 1978), cert. denied, 375 So. 2d 910 (Fla.1979); Kilburn v. Davenport, 286 So. 2d 241 (Fla.3d DCA 1973), cert. denied, 295 So. 2d 301 (Fla. 1974). The record established that on approximately February 18, 1977, McDonald entered into a real estate purchase contract with one McGowan, the then owner of some acreage located in Brevard County, to buy the land for $10,000. McDonald int…

Authorities Cited

• Jeno F. Paulucci v. Fla. Power Corp., 286 So. 2d 241 (Fla. 4th DCA 1973)