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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
are not subject to the litigation www.phippsreporting.com 888 811-3408 EFTA00606536 23 1 2 3 4 5 6 privilege. And if you read Wright vs. Yurko, you read Judge Cope's concurring opinion, and you read the panel's footnote in SCI, one should not come up with any other conclusion other than t
ion 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 Court itself 2
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
ims are not subject to the litigation www.phippsreporting.com 888 811-3408 001237 EFTA00613534 28 1 privilege. 2 And if you read Wright vs. Yurko, you read 3 Judge Cope's concurring opinion, and you read the 4 panel's footnote in SCI, one should not come up 5 with any other conclusion oth
ion 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 Supreme Court i
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 →a 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 would not
Page: HOUSE_OVERSIGHT_013311 →Entities connected to both Olson and Yurko

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