37 So. 2d 695 | Fla. | 1948
Lead Opinion
Action by Charles Walters against the Gainesville Gas Company, a corporation, and another for malicious prosecution. Judgment for plaintiff, and defendants appeal.
Reversed, and new trial awarded.
The plaintiff-appellee obtained a verdict and judgment for the sum of $2,000 in an action for malicious prosecution originating in the Circuit Court of Alachua County, Florida. On appeal here it is contended, among other things, that the evidence is legally insufficient to establish malice and want of probable cause within the meaning of our adjudications. We have examined the record in light of the contentions made and find that the contentions are meritorious and well founded. See Ward v. Allen,
THOMAS, C.J., and TERRELL, CHAPMAN, and ADAMS, JJ., concur.
SEBRING, BARNS, and HOBSON, JJ., dissent.
Dissenting Opinion
I cannot concur in the judgment of reversal in this case. From an examination of the transcript of record, I find that there is substantial evidence which, if believed by the jury, was ample to justify the verdict which was rendered by it. Nelson v. State ex rel. Quigg,
Moreover, it is reasonable to assume that the Circuit Judge likewise heard this evidence and believed it to be sufficient to sustain the verdict. He denied the motion for new trial.
It is my conclusion that the judgment should be affirmed.