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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 →ns preliminary to or during judicial proceedings, an abuse of process claim would never exist, nor would a claim for malicious prosecution”); Cruz v. Angelides, 574 So. 2d 278 (Fla. 3d DCA 1991)(“the law is well settled that a witness in a judicial proceeding,... is absolutely immune from any civil liability
Page: HOUSE_OVERSIGHT_013311 →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
tated that neither malicious prosecution nor 5 abuse of process would be barred by the litigation 6 privilege. 7 I have also cited the Cruz vs. Angelides, 8 the Middle District of -- I'm sorry, 9 574 So2d. 278, Second DCA 1991, which also 10 suggests that malicious prosecution would not be 11 b
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
tated that neither malicious prosecution nor 5 abuse of process would be barred by the litigation 6 privilege. 7 I have also cited the Cruz vs. Angelides, 8 the Middle District of -- I'm sorry, 9 574 Sold. 278, Second DCA 1991, which also 10 suggests that malicious prosecution would not be 11 b
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