Washington County Kennel Club, Inc. v. Edge, s. J--298

• Decision Date: 19 November 1968
• Docket Number: J--299,Nos. J--298,s. J--298
• Citation: 216 So.2d 512
• Parties: WASHINGTON COUNTY KENNEL CLUB, INC., a Florida corporation, Appellant, v. Robert Dee EDGE, Appellee. WASHINGTON COUNTY KENNEL CLUB, INC., a Florida corporation, Appellant, v. Mrs. A. P. HUTTO, Appellee.
• Court: Florida District Court of Appeals

Page 512

216 So.2d 512

WASHINGTON COUNTY KENNEL CLUB, INC., a Florida corporation, Appellant, v. Robert Dee EDGE, Appellee.

WASHINGTON COUNTY KENNEL CLUB, INC., a Florida corporation, Appellant, v. Mrs. A. P. HUTTO, Appellee.

Nos. J--298, J--299.

District Court of Appeal of Florida, First District.

Nov. 19, 1968.

Rehearings Denied Jan. 7, 1969.

Bolles, Goodwin & Ryskamp, Miami, for appellant.

Gillis E. Powell and Brooks Taylor, Crestview, for appellees.

SPECTOR, Judge.

The defendant appeals from two final judgments entered pursuant to jury verdicts in two separate actions for false arrest. The jury awarded the plaintiffs damages in the amount of $50,000 each. Both actions arose out of the same incident and were consolidated for trial as well as for the instant appeal.

By virtually identical complaints, the defendant was charged with maliciously causing the respective plaintiffs, appellees herein, to be falsely arrested through the conduct of defendant's employee and agent. The complaints charge that pursuant to said false arrest the plaintiffs were taken to and detained in the defendant's offices against their will and that same occurred with the knowledge and consent of officers of the defendant corporation who were present at the time of the incident. Thereafter, continue the complaints, the plaintiffs were taken to the county jail by a deputy sheriff summoned by defendant. Allegations of pain, suffering, humiliation, and embarrassment were made, followed by claims for damages suffered as a result of the conduct of the defendant's agent.

Appellant answered both complaints by general denials and special defenses by which it alleged that plaintiffs were arrested by a Washington County deputy sheriff for a criminal offense committed in said officer's presence; that neither defendant nor its officers or agents participated, procured, directed or had anything to do with the arrest of the plaintiffs; and that its agent signed an affidavit against each of the plaintiffs the morning after their arrest by the deputy sheriff charging them with committing the criminal offense of disorderly conduct for which they were arrested by said officer. An additional separate defense was interposed by defendant by which it alleged that the plaintiffs were unlawfully taking and carrying away defendant's property when they were arrested by the deputy sheriff.

The issues having been framed by the above recited pleadings, a jury trial was had at which much conflicting testimony was introduced. The conflicts appear to have been resolved in favor of the plaintiffs as is evident from the verdict rendered. Although appellant advances a version of the incident which, if true, might detract from the plaintiffs' right to recover, a question which we need not and do not now decide, we must concern ourselves with the determination of whether the plaintiffs' version of the incident is sufficient upon which to predicate the jury's finding of liability. We so hold because the law is clear that where factual issues, conflicts of testimony and evidentiary inferences are submitted to and decided by a jury against either party, the appellate court may not substitute its judgment on such issues of fact as found by the jury unless the findings are manifestly unreasonable and clearly against the weight of the evidence. See Wrains v. Rose, 175 So.2d 75 (Fla.App.2d 1965), and cases cited therein.

Examining the evidence presented below in the light most favorable to the plaintiffs, it appears that at the time of the incident sued upon appellees were present at appellant's greyhound racing course for the purpose of making pari-mutuel wagers on the outcome of the races presented by appellant. During the evening and shortly after the seventh race, appellee Edge presented a ticket at the cashier's window being operated by one Pipkin. Pipkin checked the ticket and gave Edge $36.40 which money was in turn delivered to appellee Hutto. Shortly thereafter Pipkin came to the place where the appellees were sitting and demanded that the money be returned. Pipkin claimed that the ticket given him by Edge was not a winning ticket and that the money must be returned. Upon being told that Mrs. Hutto had the money because the ticket was hers and that they would not return the money because it The conflict in evidence is found in Pipkin's testimony that he did not threaten the appellees with arrest while the latter contend that he did so threaten. The deputy's testimony that he arrested the appellees for disorderly conduct in his presence was confirmed by the appellant's other witness, but was disputed by a disinterested witness for the appellees, as well as by the documents that show that bonds were made on the basis of the swindling charge.

was a good ticket, Pipkin caused the appellant's security officer to be summoned. The security officer took Edge into custody after talking with Pipkin and the appellees. Edge was taken to an office, questioned about the ticket, and was told to return the money. He also was told to remain at the office. A Washington County deputy was summoned by the security officer. This deputy took Mrs. Hutto into custody after talking with Pipkin. After the last race, the deputy set out to take the appellees to jail. Mrs. Hutto posted a $35 cash appearance bond before getting to jail. Edge spent the remainder of the night in jail and posted a $250 appearance bond the following morning. At the time each of the plaintiffs posted bond, the receipts given them reflected that the charges against them were for swindling. The day after the arrest, Pipkin signed an affidavit charging the appellees with disorderly conduct. Some eight months later, he signed an affidavit charging them with stealing $36.40. At the time of this false arrest trial, the appellees had not been brought to trial on any criminal charges arising out of the purported swindle or theft.

Certainly there is ample evidence from which the jury could conclude, as they apparently did, that the appellees were not arrested for disorderly conduct, but were arrested on Pipkin's complaint that appellees had tricked him out of $36.40.

Against the foregoing factual background, appellant seeks reversal of both judgments on three grounds.

First, it is argued that the trial judge should have granted defendant's motion for directed verdict at the close of plaintiffs' case because the evidence shows that the arrest of plaintiffs was neither false nor unlawful. This point is obviously premised upon appellant's contention that the plaintiffs were lawfully arrested by the deputy sheriff on charges of disorderly conduct. However, whether the plaintiffs were in fact arrested for disorderly conduct committed in the presence of the deputy sheriff or were arrested by the deputy sheriff on Pipkin's charge of swindling was an evidentiary matter resolved against appellant by the jury. The alleged swindling is shown by the record not to have been committed in the presence of the deputy sheriff and that act constituting a misdemeanor, petit larceny as defined by Section 811.021, Florida Statutes, F.S.A., a warrant was a necessary prerequisite to the arrest in accordance with the provisions of Section 901.15, Florida Statutes, F.S.A, in order that the arrest be lawful. The evidence given by the plaintiffs, the bystander witness who stated the plaintiffs were not being disorderly in the presence of the deputy, and the inferences arising from the testimony that the appearance bond receipts indicated the charges to be swindling, all taken together, was more than sufficient to disprove appellant's contention that the arrest was...