Davis v. McCrory Corp.

McNULTY, Judge.

Appellant was accused of and arrested for shoplifting in one of appellee’s stores. She was acquitted, however, in a subsequent prosecution in the city court of Clear-water. Thereafter, she brought this action for false arrest, false imprisonment and malicious prosecution. The trial judge granted a motion for summary judgment in favor of defendant-appellee and this appeal ensued. We reverse.

The principal question before us, as it was before the trial court, is whether there is a material factual issue framed herein on the existence vel non of probable cause to arrest and…