665 So. 2d 340 - Jackson v. Navarro’s Empirical Analysis

Citation profile

1 district · 13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he essential difference between a wrongful detention for which malicious prosecution will lie, and one for which false imprisonment will lie, is that in the former the detention is malicious but under the due forms of law, whereas in the latter the detention is without color of legal authority. In malicious prosecution plaintiff must allege and prove malice and want of probable cause and the termination of the proceeding favorably to plaintiff, whereas in false imprisonment the allegation of want of probable cause is not essential,' and the burden is on defendant to prove probable cause as a defense or in mitigation, Malice is material only on the issue of damages, and the termination of the proceeding is not material. If the imprisonment is under legal authority it may be malicious but it cannot be false. This is true where legal authority is shown by valid process, even if irregular or voidable. Void process will not constitute legal authority.”

   3 later decisions quote this exact passage
   e.g. Eiras v. Florida Department of Business & Professional Regulation Division of Alcoholic Beverages & Tobacco · 935 So. 2d 1266 - Montejo v. Martin Memorial Medical Center

2. “process regular and in legal form issued by lawful authority”

   1 later decision quote this exact passage
   e.g. 929 So. 2d 43 - Willingham v. City of Orlando

3. “for false arrest, a/k/a false imprisonment”

   1 later decision quote this exact passage
   e.g. Benoit v. City of Lake City