Guay v. City of Miami

District Court of Appeal of Florida

Guay v. City of Miami

564 So. 2d 1249, 1990 Fla. App. LEXIS 5870, 1990 WL 111973

CourtDistrict Court of Appeal of Florida

DecidedAugust 7, 1990

DocketNo. 89-2797

StatusPublished

Cited by1 cases

This text of 564 So. 2d 1249 (Guay v. City of Miami) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guay v. City of Miami, 564 So. 2d 1249, 1990 Fla. App. LEXIS 5870, 1990 WL 111973 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Appellant, Maurice Guay, appeals from an order granting final summary judgment in favor of appellees, the City of Miami, Jose Behar, and Juan Garcia on appellant’s claims for false imprisonment, assault, battery, and malicious prosecution. We reverse because we conclude that genuine issues of material fact remain on each of appellant’s claims, thus precluding the entry of summary judgment. See Holl v. Talcott, 191 So.2d 40 (Fla.1966). It is axiomatic that “[i]f the existence of such issues or the possibility of their existence is reflected in the record, or the record raises even the slightest doubt in this respect, the summary judgment must be reversed.” Mejiah v. Rodriguez, 342 So.2d 1066, 1067-1068 (Fla. 3d DCA 1977).

Reversed and remanded.

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PER CURIAM.

Appellant, Maurice Guay, appeals from an order granting final summary judgment in favor of appellees, the City of Miami, Jose Behar, and Juan Garcia on appellant’s claims for false imprisonment, assault, battery, and malicious prosecution. We reverse because we conclude that genuine issues of material fact remain on each of appellant’s claims, thus precluding the entry of summary judgment. See Holl v. Talcott, 191 So.2d 40 (Fla.1966). It is axiomatic that “[i]f the existence of such issues or the possibility of their existence is reflected in the record, or the record raises even the slightest doubt in this respect, the summary judgment must be reversed.” Mejiah v. Rodriguez, 342 So.2d 1066, 1067-1068 (Fla. 3d DCA 1977).

Reversed and remanded.

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564 So. 2d 1249, 1990 Fla. App. LEXIS 5870, 1990 WL 111973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guay-v-city-of-miami-fladistctapp-1990.

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