Epstein Secrets

acts occurring during the course of a judicial proceeding, if those acts bear some relation to the proceeding. Edwards urged the Court to fmd that Olson v. Johnson, 961 So. 2d 356 (Fla. 2d DCA 2007), is in conflict with Wolfe, thereby allowing the Court to find that the privilege does not apply. How

rse of a judicial proceeding are absolutely privileged, so long as the actions have some relation to the underlying proceeding. Levin, Middlebrooks, Moves & Mitchell v. U.S. Fire Ins. Co., 639 SO. 2d 606, 608 (Fla. 1994). This position was reaffirmed in Echevarria. In Wolfe, the Third District Court of Appeal, q

, 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

ion, 141 So. 3d 754 (Fla. 4th DCA 2014) 2 LatAm Invests., LLC v. Holland & Knight, LLP, 88 So. 3d 240 (FIa. 3d DCA 2011) 3 Levin, Middlebrooks, Moves & Mitchell, v. U.S. Fire Ins. Co., 639 So. 2d 606 (Fla. 1994) passim McCullough v. Kubiak, 4DI3-4048 (Feb. 18, 2015) 9, 10 Microbilt Corporation v. Chex

acts occurring during the course of a judicial proceeding, if those acts bear some relation to the proceeding. Edwards urged the Court to fmd that Olson v. Johnson, 96] So. 2d 356 (Fla. 2d DCA 2007), is in conflict with Wolfe, thereby allowing the Court to fmd that the privilege does not apply. Howe

. This Court agrees and grants summary judgment in favor of Epstein. EXHIAIT "B" EFTA00617998 The Court thoroughly reviewed Levin, Middlebrooks, Moves & Mitchell v. US. Fire Ins. Co., 639 So. 2d 606, 608 (Fla. 1994), Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So. 2d 380 (Fla. 2007), and Wol

e privilege applies to both the abuse of process claim and malicious prosecution claims made herein. 6. The Counter-Plaintiff urged the court that Olson v. Johnson, 961 So.2d 356 (FIa. 2d DCA 2007), is in conflict with Wolfe and that this conflict would allow this court to "peruse" other issues. How

7298 CASE NO. 502009CA040800XXXXMB of action for both abuse of process and malicious prosecution. 3. The court has reviewed Levin, Middlebrooks. Moves & Mitchell. v. U.S. Fire Ins. Co., 639 So.2d 606, 608 (Fla. 1994), Bchevarria, McCalla. Ravmer, Barrett & Frappier v. Cole, 950 Sold 380 (Fla. 2007) and Wolfe

, 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

ion, 141 So. 3d 754 (Fla. 4th DCA 2014) 2 LatAm Invests., LLC v. Holland & Knight, LLP, 88 So. 3d 240 (FIa. 3d DCA 2011) 3 Levin, Middlebrooks, Moves & Mitchell, P.A. v. U.S. Fire Ins. Co., 639 So. 2d 606 (Fla. 1994) passim McCullough v. Kubiak, 4D13-4048 (Feb. 18, 2015) 9, 10 Microbilt Corporation v. C

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

ion, 141 So. 3d 754 (Fla. 4th DCA 2014) 2 LatAm Invests., LLC v. Holland & Knight, LLP, 88 So. 3d 240 (FIa. 3d DCA 2011) 3 Levin, Middlebrooks, Moves & Mitchell, P.A. v. U.S. Fire Ins. Co., 639 So. 2d 606 (Fla. 1994) passim McCullough v. Kubiak, 4D13-4048 (Feb. 18, 2015) 9, 10 Microbilt Corporation v. C

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

t or other tortious behavior such as the alleged misconduct at issue, so long as the act has some relation to the proceeding." Levin, Middlebrooks, Moves & Mitchell, P.A. v. U.S. Fire Ins. Co., 639 So. 2d 606, 608 (Fla. 1994). As a result, if a party seeks to bring a cause of action involving acts that neither

judgment in an action for abuse of process on the basis of absolute immunity and on the authority of Levin). While Edwards urged the court to apply Olson v. Johnson, 961 So. 2d 356 (Fla. 2d DCA 2007), and argued that the decision in Olson was in conflict with Wolfe, the court finds Olson inapplicable

s a matter of law. Fla. R.Civ. P. 1.510(c). This court, in applying the Florida Supreme Court binding precedent as espoused in Levin, Middlebrooks, Moves & Mitchell, v. U.S. Fire Ins. Co., 639 So. 2d 606, 608 (Fla. 1994) and Echevarria, McCalla, Rayner, Barrett & Frappier v. Cole, 950 So. 2d 380 (Fla. 2007), as