Summary
The Florida Third District Court of Appeal reversed a final summary judgment entered for Home Depot U.S.A., Inc. on claims for false imprisonment, false arrest, and malicious prosecution. The court held that the summary judgment evidence revealed a genuine dispute of material fact concerning Home Depot's asserted shopkeeper immunity defense and remanded for further proceedings.
Holdings
- Final summary judgment was improper because the summary-judgment evidence left a genuine dispute as to a material fact.
Questions Presented
- Whether the trial court properly entered final summary judgment for Home Depot on Cabrales's claims for false imprisonment, false arrest, and malicious prosecution.
- Whether Home Depot established that no genuine dispute of material fact existed regarding its shopkeeper-immunity affirmative defense.
Disposition
reversed_and_remanded
Cases Cited (6)
- Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000)(followed)
- Williams v. Ryta Food Corp., 301 So. 3d 339 (Fla. 3d DCA 2020)(followed)
- CG Tides LLC v. SHEDDF3 VNB, LLC, 388 So. 3d 1081 (Fla. 3d DCA 2024)(followed)
- Martinez v. Selene Finance LP, 394 So. 3d 114 (Fla. 3d DCA 2024)(followed)
- Arce v. Citizens Property Insurance Corp., 388 So. 3d 205, 208 n. 2 (Fla. 3d DCA 2024)(followed)
- Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…