Herbeck v. Holdeman

District Court of Appeal of Florida

Herbeck v. Holdeman

163 So. 2d 766, 1964 Fla. App. LEXIS 4218

CourtDistrict Court of Appeal of Florida

DecidedMay 8, 1964

DocketNo. 4292

StatusPublished

Cited by4 cases

This text of 163 So. 2d 766 (Herbeck v. Holdeman) 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

Herbeck v. Holdeman, 163 So. 2d 766, 1964 Fla. App. LEXIS 4218 (Fla. Ct. App. 1964).

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Opinion

PER CURIAM.

In appellant-plaintiff’s action for damages for false arrest and malicious prosecution the trial court granted the defendant-appellee’s motion for summary judgment. The exhibits, including answers to interrogatories propounded to the plaintiff, reveal ample support of the defendant’s affirmative defense of “probable cause” for the action taken by defendant against the plaintiff with respect to alleged violation of special zoning restrictions. The affirmative defense of “advice of counsel” also appears to be sufficiently substantiated. The record as a whole reveals no reversible error of substantive or procedural law.

Affirmed.

WHITE, Acting C. J., and KANNER (ret.), J., and DOWNEY, JAMES C., Associate Judge, concur.

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PER CURIAM.

In appellant-plaintiff’s action for damages for false arrest and malicious prosecution the trial court granted the defendant-appellee’s motion for summary judgment. The exhibits, including answers to interrogatories propounded to the plaintiff, reveal ample support of the defendant’s affirmative defense of “probable cause” for the action taken by defendant against the plaintiff with respect to alleged violation of special zoning restrictions. The affirmative defense of “advice of counsel” also appears to be sufficiently substantiated. The record as a whole reveals no reversible error of substantive or procedural law.

Affirmed.

WHITE, Acting C. J., and KANNER (ret.), J., and DOWNEY, JAMES C., Associate Judge, concur.

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163 So. 2d 766, 1964 Fla. App. LEXIS 4218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herbeck-v-holdeman-fladistctapp-1964.

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