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ician against his patients and an expert after he successfully defended a malpractice claim. Also of significance is the Second District’s opinion in Olson v. Johnson, 961 So. 2d 351 (Fla. 2d DCA 2007). In that case, the court observed that the litigation (or judicial) privilege would not apply to bar a
Page: HOUSE_OVERSIGHT_013311 →her Florida state and federal courts. See, SCI Funeral Svs. of Fla., Inc. v. Henry, 839 So. 2d 702, n.4 (Fla. 3d DCA 2002) (“As the Levin court cited Wright v. Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA, 1984), with approval, presumably the cause of action for malicious prosecution continues to exist and
Page: HOUSE_OVERSIGHT_013311 →GOULD,DARCY AMBASSADOR HOTEL OLSSON,LINDA R SPAZIANI,MICHAEL VINCENT JOHN
KENT MD,SEBASTIAN PORRECA,VANESSA WRIGHT,SUZANNE FURLO,PAUL W TOWN OF PALM B
, 2013 WL 6628619 (Dec. 16, 2013) 14 Montejo v. Martin Memorial Medical Center, Inc., 935 So. 2d 1266 (Fla. 4th DCA 2006) 13 ii EFTA00589619 Olson v. Johnson, 961 So. 2d 356 (Fla. 2d DCA 2007) 17, 22 Pardo v. State, 596 So. 2d 665 (Fla. 1996) 12 Procacci v. Zacco, 402 So. 2d 425 (Fla. 4th
006) 7 Volusia County v. Aberdeen at Ormond Beach, M., 760 So. 2d 126 (Fla. 2000) 2 Wolfe v. Foreman, 128 So. 3d 67 (FIa. 3d DCA 2013) passim Wright v. Yurko, 446 So. 2d 1162 (Fla. 5th DCA 1984) 19, 20, 21 iii EFTA00589620 PRELIMINARY STATEMENT This matter arises from the Appellant, Bradley
ently exists with regards to the g issue whether the litigation privilege bars a 9 malicious prosecution claim. And I have cited to 10 the case Olson vs. Johnson, 961 Sold. 356, the 11 Second DCA's opinion in 2007, after both Levin and 12 Echevarria. And it holds that malicious 13 prosecution
Third DCA opinion in 2000, both of which both 19 Judge Cope and the panel in the SCI case note that 20 the Supreme Court's citation in Levin to Wright 21 vs. Yurko, which I cited in the memorandum, which 22 was a Fifth DCA decision back in 1984, implicitly 23 recognizes -- that is the Supreme
privilege. Acts committed prior to the filing of the complaint may not, in some cases, enjoy the broad protection of the privilege. For example, in Olson v. Johnson, 961 So.2d 356, 360 (Fla. 2d DCA 2007), the court found that the litigation privilege did not protect the three women who allegedly fil
L. Weekly D1540 and the like committed during judicial proceedings are left to the discipline of the courts, the bar association, and the state," Wright, 446 So.2d at 1164, other tortious conduct occurring during litigation is equally susceptible to that same discipline. Levitt, 639 So.2d at 608
lminated from an underlying domestic violence action that was resolved in favor of the Defendant. This Steinberg case appears to be analogous to the Olson case upon which Edwards relied in his argument against Summary Judgment; an argument which was rejected by this Court. Transcript of Motion for Sum
pre-date Wolfe (2013), Echevarria (2007), and Levin (1994), or decisions from other States. See Edwards's Motion for Reconsideration, p. 9, citing Wright v. Yurko, 446 So. 2d 1162 (5th DCA 1984); Kalt v. Dollar Rent-A-Car,422 So. 2d 1031, 1032 (Fla. 3d DCA 1982); Graham-Eckes Pahn Beach Academy, Inc.
cies, including the FAA, NTSB, Boeing, and the FBI. Additional reporting on the story was provided by two articles from the Associated Press (01/07, Olson), CNBC (01/07, Joseph), Reuters (01/07, Shepardson, Insinna, Hepher), BBC (01/07, Leggett), Daily Mail (01/07, Wright), Financial Times (01/06, Pfei
om the Associated Press (01/07, Olson), CNBC (01/07, Joseph), Reuters (01/07, Shepardson, Insinna, Hepher), BBC (01/07, Leggett), Daily Mail (01/07, Wright), Financial Times (01/06, Pfeifer, Bushey), New York Times (01/06, Walker, Chokshi), NBC News (01/06, Blackman, Romero), NPR (01/06, Kim), Politico
, 2013 WL 6628619 (Dec. 16, 2013) 14 Montejo v. Martin Memorial Medical Center, Inc., 935 So. 2d 1266 (Fla. 4th DCA 2006) 13 ii EFTA00714922 Olson v. Johnson, 961 So. 2d 356 (Fla. 2d DCA 2007) 17, 22 Pardo v. State, 596 So. 2d 665 (Fla. 1996) 12 Procacci v. Zacco, 402 So. 2d 425 (Fla. 4t
6) 7 Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000) 2 Wolfe v. Foreman, 128 So. 3d 67 (FIa. 3d DCA 2013) passim Wright v. Yurko, 446 So. 2d 1162 (Fla. 5th DCA 1984) 19, 20, 21 iii EFTA00714923 PRELIMINARY STATEMENT This matter arises from the Appellant, Bradle
ently exists with regards to the 8 issue whether the litigation privilege bars a 9 malicious prosecution claim. And 2 have cited to 10 the case Olson vs. Johnson, 961 So2d. 356, the 11 Second DCA's opinion in 2007, after both Levin and 12 Echevarria. And it holds that malicious 13 prosecution
Third DCA opinion in 2000, both of which both 19 Judge Cope and the panel in the SCI case note that 20 the Supreme Court's citation in Levin to Wright 21 vs. Yurko, which I cited in the memorandum, which 22 was a Fifth DCA decision back in 1984, implicitly 23 24 25 recognizes -- that is the
udicial proceeding, a cause of action sounding in malicious prosecution may still be viable. See Fridovich v. Fridovich, 598 So. 2d 65 (Fla. 1992); Olson v. Johnson, 961 So. 2d 356 (Ha. 2d DCA 2007). Moreover, the Florida Supreme Court judiciously pointed out in Levin that "other tortious conduct du
ite to the instant case, and as such its narrow holding has no bearing on, and should not be considered by, this Court. Similarly, Appellant cites Wright v. Yurko, 446 So. 2d 1162 (Fla. 5th DCA 1984) in support of his assertion that the litigation privilege is inapplicable to a malicious prosecution
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