Silvia v. Zayre Corporation

10 Citing cases

  1. K-Mart Corporation v. Washington

    109 Nev. 1180 (Nev. 1993)   Cited 79 times
    Holding that the act of placing a customer in handcuffs and walking him throughout the store constituted defamation per se

    Even where a merchant has probable cause to detain a customer, he or she may still be denied protection of the statute if it is shown the detention was unreasonable. See, e.g., Silvia v. Zayre Corp. (Fla. Dist. Ct. App. 1970) (store lost its statutory privilege by detaining suspect for too long); Altman v. Knox Lumber Co., 381 N.W.2d 858 (Minn.Ct.App. 1986) (store owner not entitled to statutory immunity where store employee acted unreasonably in detaining suspected shoplifter); Ayscue v. Mullen, 336 S.E.2d 863 (N.C.Ct.App. 1985) (store owner not immune from liability where detention not conducted in a reasonable manner); see also Wilde v. Schwegmann Bros. Giant Supermarkets, Inc., 160 So.2d 839 (La.Ct.App. 1964). Under similar statutes, the detention has been found unreasonable where the merchant has been unnecessarily rude or used excessive force.

  2. Gordon v. St. Mary's Hospital, Inc.

    297 So. 2d 4 (Fla. 1974)

    ADKINS, Chief Justice: By petition for certiorari we have for review a decision of the District Court of Appeal, Fourth District (Gordon v. St. Mary's Hospital, Inc., 293 So.2d 697), which allegedly conflicts with several prior decisions of this Court and the District Courts of Appeal: Cory v. Greyhound Lines, Inc., 257 So.2d 36 (Fla. 1972); Marley v. Saunders, 249 So.2d 30 (Fla. 1971); Hodge v. Jacksonville Terminal Co., 234 So.2d 645 (Fla. 1970); LaFleur v. Castlewood International Corporation, 285 So.2d 449 (Fla.App.3d 1973); Parker v. Chew, 280 So.2d 695 (Fla.App.2d 1973); Haldane v. Hall, 234 So.2d 739 (Fla.App. 4th 1970); Silvia v. Zayre Corporation, 233 So.2d 856 (Fla.App.3d 1970); North Dade Imported Motors v. Brundage, 221 So.2d 170 (Fla.App. 1st 1969) and Seigel v. Solomon, 201 So.2d 501 (Fla.App.3d 1967). We have jurisdiction.

  3. Zayre Corporation v. Silvia

    238 So. 2d 112 (Fla. 1970)

    June 30, 1970. Certiorari denied. 233 So.2d 856. ERVIN, C.J., and ROBERTS, DREW, ADKINS and BOYD, JJ., concur.

  4. Kmart Corporation v. Cullen

    693 So. 2d 1038 (Fla. Dist. Ct. App. 1997)   Cited 2 times

    So far, therefore, as the verdict may have been based on the claim of malicious prosecution, it must be regarded as without warrant of law, and the judgment must be reversed."); Annot., Malicious Prosecution; Possession of Stolen Property as Probable Cause, 172 A.L.R. 1340 (1948), and cases cited; 52 Am.Jur.2d Malicious Prosecution § 159 (1970), and cases cited; see also DeMarie v. Jefferson Stores, Inc., 442 So.2d 1014, 1016 n.2 (Fla. 3d DCA 1983)("Probable cause to support [an] initial detention would exist whenever the employees of the store reasonably believed from the circumstances that a customer was secreting store merchandise for the purpose of avoiding paying for such merchandise."); Phelan v. City of Coral Gables, 415 So.2d 1292 (Fla. 3d DCA 1982); Rothstein v. Jackson's of Coral Gables, Inc., 133 So.2d 331 (Fla. 3d DCA 1961); cf. Silvia v. Zayre Corp., 233 So.2d 856 (Fla. 3d DCA 1970), cert. denied, 238 So.2d 112 (Fla. 1970). Cullen contends that a jury issue as to probable cause was created because the store's employees did not further investigate the truth of Cullen's proffered explanation that he had inadvertently and absent-mindedly put the Clearasil in his pocket and had simply forgotten to pay for it when he checked out at the register.

  5. Atkins v. Hansel

    668 So. 2d 663 (Fla. Dist. Ct. App. 1996)   Cited 1 times

    The trial court thus abused its discretion in setting aside the award and ordering a new trial, warranting reversal. See Silvia v. Zayre Corp., 233 So.2d 856 (Fla. 3d DCA) (recognizing the stronger showing of abuse of discretion required to overturn an order granting a new trial than an order denying a new trial), cert. denied, 238 So.2d 112 (Fla. 1970). The order granting a new trial is quashed and the trial court is instructed to enter judgment for plaintiff in the full amount of the jury award.

  6. Harris v. Lewis State Bank

    482 So. 2d 1378 (Fla. Dist. Ct. App. 1986)   Cited 56 times
    Noting that a defendant may be liable for malicious prosecution if he "continued the prosecution or gave it momentum"

    Id; see also 52 Am.Jur.2d, Malicious Prosecution § 54.Silvia v. Zayre Corporation, 233 So.2d 856 (Fla. 3d DCA 1970), cert. den., 238 So.2d 112 (Fla. 1970). The principles of law governing the liability of an employer for malicious prosecution instituted or carried on by its agent or employee are those of agency in general.

  7. Kalt v. Dollar Rent-A-Car

    422 So. 2d 1031 (Fla. Dist. Ct. App. 1982)   Cited 12 times

    Since the requisite six elements are not present, we hold the trial court correctly granted summary judgment as to count one. Phelan v. City of Coral Gables, 415 So.2d 1292 (Fla.3d DCA 1982); Weissman v. K-Mart Corp., 396 So.2d 1164 (Fla.3d DCA 1981); Gatto v. Publix Supermarket, Inc., 387 So.2d 377 (Fla.3d DCA 1980); Shidlowsky v. Nat'l Car Rental Sys., Inc., 344 So.2d 903 (Fla.3d DCA 1977), cert. denied, 355 So.2d 516 (Fla. 1978); Appelstein v. Preston, 335 So.2d 604 (Fla.3d DCA 1976), cert. denied, 341 So.2d 1084 (Fla. 1976); Am. Salvage Jobbing Co., Inc. v. Salomon, 295 So.2d 710 (Fla.3d DCA 1974); Silvia v. Zayre Corp., 233 So.2d 856 (Fla.3d DCA), cert. denied, 238 So.2d 112 (Fla. 1970); Community Nat'l Bank of Bal Harbour v. Burt, 183 So.2d 731 (Fla.3d DCA), cert. denied 188 So.2d 820 (Fla. 1966); Johnson v. City of Pompano Beach, 406 So.2d 1257 (Fla.4th DCA 1981); Coleman v. Collins, 384 So.2d 229 (Fla.5th DCA 1980); Fee, Parker Lloyd, P.A. v. Sullivan, 379 So.2d 412 (Fla.4th DCA), cert. denied, 388 So.2d 1119 (Fla. 1980); Burchell v. Bechert, 356 So.2d 377 (Fla.4th DCA 1978), cert. denied, 367 So.2d 1122 (Fla. 1978); Kelly v. Millers of Orlando, Inc., 294 So.2d 704 (Fla.4th DCA 1974); Delacruz v. Peninsula State Bank, 221 So.2d 772 (Fla.2d DCA 1969); Kest v. Nathanson, 216 So.2d 233 (Fla.4th DCA 1968); Liabos v. Harman, 215 So.2d 487 (Fla.2d DCA 1968); Iowa Mut. Ins. Co. v. Gulf Heating Refrigeration Co., 184 So.2d 705 (Fla.2d DCA 1966), quashed on other grounds, 193 So.2d 4 (Fla. 1966); Hopke v. O'Byrne, 148 So.2d 755 (Fla.1st DCA 1963); Calbeck v. Town of South Pasadena, 128 So.2d 138 (Fla.2d DCA 1961); Wilson v. O'Neal

  8. Shidlowsky v. National Car Rental Sys

    344 So. 2d 903 (Fla. Dist. Ct. App. 1977)   Cited 10 times

    In my view, the plaintiff herein has established a prima facie case of malicious prosecution which precludes the entry of a directed verdict for the defendant. See: Tatum Bros. Real Estate Investment Co. v. Watson, 92 Fla. 278, 109 So. 623 (1926); Silvia v. Zayre Corporation, 233 So.2d 856 (Fla. 3d DCA 1970).

  9. Pelle v. Gluckman

    269 So. 2d 33 (Fla. Dist. Ct. App. 1972)   Cited 3 times

    Among the elements necessary to be established in order to succeed in an action for malicious prosecution are the absence of probable cause and the presence of malice. Kest v. Nathanson, Fla.App. 1969, 216 So.2d 233, 235; Silvia v. Zayre Corporation, Fla.App. 1970, 233 So.2d 856, 858. Here, by denials in the answers to the counterclaim, the material allegations of malice and want of probable cause were placed in issue, so as to require proof thereof by the counterclaimant.

  10. Blair v. Chrysler Credit Corporation

    260 So. 2d 236 (Fla. Dist. Ct. App. 1972)   Cited 1 times

    We find nothing, however, in the record to support such a conclusion. Cf. Silvia v. Zayre Corporation, Fla.App. 1970, 233 So.2d 856; North Dade Imported Motors, Inc. v. Brundage Motors, Inc., Fla.App. 1969, 221 So.2d 170. The order is reversed and the cause remanded with directions to reinstate the final judgment entered on the jury verdicts.