L. MAXCY, INC., A CORPORATION, ET AL.,
v.
MRS. ANNIE LEE MORRIS, ET AL.
L. MAXCY, INC., A CORPORATION, ET AL.,
MRS. ANNIE LEE MORRIS, ET AL.
152 Fla. 82
Florida Supreme Court (1942)
Caution
Also reported at: 11 So. 2d 177
Cited by 54 cases
Opinion of the Court
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same is hereby affirmed.
Affirmed.
BROWN, C. J., WHITFIELD, BUFORD and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (23 total)
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Colonial Stores, Inc. v. Doyle Wayne Scarbrough, 355 So. 2d 1181 (Fla. 1977)…, absent fraud or other corrupt means employed by the person initiating the prosecution. However, the district court declined to accord the Gallucci presumption to a prosecutor’s decision. In so doing, the district court distinguished Ward v. Allen, 152 Fla. 82, 11 So. 2d 193 (1942), and Meade v. Super Test Sales, Inc., 306 So. 2d 211 (Fla. 2d DCA 1975). The Meade court merely found that there was reasonable cause for the state attorney’s decision to prosecute. Similarly, Ward v. Allen held that the filing…
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Al Gallucci v. Milavic, 100 So. 2d 375 (Fla. 1958)…rred from want of probable cause, the converse is not true. If, as appellant contends, the ap-pellee was actuated by malice, it would, in the presence of probable cause, avail him nothing under the decisions to which we have referred. Ward v. Allen, 152 Fla. 82, 11 So. 2d 193. We end the discussion with this summary: probable cause was presumed from the official action; the presumption was-not overcome; and there was no evidence of fraud or corruption infecting the decision to hold the appellant for trial…
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Goldstein v. Sabella, 88 So. 2d 910 (Fla. 1956)…se existed for instituting the prosecution, although on trial the defendant was found not guilty. This holding would 'support the first of the three views above-mentioned, although there was not a trial and judgment of conviction. In Ward v. Allen, 152 Fla. 82, 11 So. 2d 193, we held that proof of the issuance of a warrant and the filing of an indictment in a criminal proceeding did not conclusively establish the presence of probable cause, but did tend to refute the absence thereof. Because of the differ…
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