Denis-Cruz v. City of N. Bay Village

Full title: PEDRO DENIS-CRUZ, APPELLANT, v. CITY OF NORTH BAY VILLAGE AND OFFICER…

Court: District Court of Appeal of Florida, Third District

Date published: May 15, 1990

561 So. 2d 431 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1969.

May 15, 1990.

An Appeal from the Circuit Court for Dade County; Mary Ann MacKenzie, Judge.

Laurence M. Hatfield, Miami, and Kelly Camborn, for appellant.

Conroy, Simberg Lewis, Hollywood, and Lori M. Ferman, and Neil Rose, Miami, for appellees.

Before FERGUSON, COPE and GERSTEN, JJ.

PER CURIAM.

Appellant, Pedro Denis-Cruz, appeals a final summary judgment in favor of appellees on appellant's action for assault, battery, negligence, and false arrest. We reverse.

At this stage of the proceedings, summary judgment is not appropriate as there still remain material issues of fact. See Moore v. Morris, 475 So.2d 666 (Fla. 1985).

Reversed and remanded for further proceedings.