Malicious Prosecution
1Elements and Case Citations
- Defendant commenced or continued an original criminal or civil judicial proceeding;
- Defendant was the legal cause of the original proceeding against the Plaintiff;
- The bona fide termination of the original proceeding in favor of the Plaintiff;
- Absence of probable cause in the original proceeding;
- Defendant acted with malice; and
- Plaintiff suffered damages
See Inlet Beach Capital Inv., LLC v. Enclave at Inlet Beach Owners Ass’n, Inc., 236 So.3d 1140, 1142 (Fla. 1st DCA 2018).
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