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Guay v. City of Miami

District Court of Appeal of Florida, Third District
Aug 7, 1990
564 So. 2d 1249 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2797.

August 7, 1990.

An Appeal from the Circuit Court for Dade County; Philip Bloom, Judge.

Mitchell, Horr, Hurley McAlpin, and S. Austin Carr, Miami, for appellant.

Jorge L. Fernandez, City Atty., Kathryn S. Pecko and Leon M. Firtel, Asst. City Attys., for appellees.

Before SCHWARTZ, C.J., and NESBITT and GERSTEN, JJ.


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.


Summaries of

Guay v. City of Miami

District Court of Appeal of Florida, Third District
Aug 7, 1990
564 So. 2d 1249 (Fla. Dist. Ct. App. 1990)
Case details for

Guay v. City of Miami

Case Details

Full title:MAURICE GUAY, APPELLANT, v. CITY OF MIAMI, JOSE BEHAR, AND JUAN GARCIA…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 7, 1990

Citations

564 So. 2d 1249 (Fla. Dist. Ct. App. 1990)