Epstein Secrets

llenging the final judgment solely as to the malicious prosecution claim. 2. After the parties' briefs were filed, this Court issued its decision in Fischer v. Debrincat, 169 So. 3d 1204 (Fla. 4th DCA 2015), declining to follow Wolfe and EFTA00612483 certifying conflict with Wolfe regarding applicatio

e because the contested acts "occurred during and arose out of and were related to and connected with a pending civil action." However, pursuant to Fischer, the litigation privilege does not apply in such cases unless an element of malicious prosecution is lacking. Accordingly, considering this first f

e foregoing was emailed to those on the list below. s/ Paul Morris SERVICE LIST: William B. King Searcy Denny Scarola Barnhart & Shipley, P.A. Philip M. Burlington Burlington & Rockenbach, P.A. Imo Tonja Haddad Coleman -18- EFTA00612500 W. Chester Brewer, Jr. W. Chester Brewer. Jr P.A. Tonja Haddad Colema

. (A copy of Epstein's Answer Brief is attached as Exhibit B). While the appeal was pending at the Fourth District, that court issued an opinion in Fischer v. Debrincat, 169 So.3d 1204 (Fla. 4th DCA 2015), approved, 217 So.3d 68 (Fla. 2017). In Fischer, the court held that the litigation privilege could

e Fourth District, that court issued an opinion in Fischer v. Debrincat, 169 So.3d 1204 (Fla. 4th DCA 2015), approved, 217 So.3d 68 (Fla. 2017). In Fischer, the court held that the litigation privilege could not be applied to bar a claim for malicious prosecution or abuse of process. The court certified

33409 WM, BURLINGTON & ROCKENBACH, P.A. Courthouse Commons/Suite 350 444 West Railroad Avenue FL 33401 Attorneys for Bradley J. Edwards By:/s/ Philip M. Burlington PHILIP M. BURLINGTON Florida Bar No. 285862 By:/s/ Nichole J. Segal NICHOLE J. SEGAL Florida Bar No. 41232 /kbt 6 EFTA00613506 SERVICE LIST

n May 3, 2017, this Court issued an order directing the petitioner to show cause on or before May 18, 2017 why this Court's decision in Debrincat v. Fischer, 42 Fla. L. Weekly S141 (Fla. Feb. 9, 2017), is not controlling in this case and why the Court should not decline to exercise jurisdiction in this

HEREBY CERTIFY that this response was emailed to counsel on the list below this 18th day of May, 2017. sl Paul Morris PAUL MORRIS SERVICE LIST: Philip M. Burlington Burlington & Rockenbach, P.A. Courthouse Commons/Suite 350 444 West Railroad Ave. West Palm Beach, FL 33401 2 EFTA00805431

n May 3, 2017, this Court issued an order directing the petitioner to show cause on or before May 18, 2017 why this Court's decision in Debrincat v. Fischer, 42 Fla. L. Weekly S141 (Fla. Feb. 9, 2017), is not controlling in this case and why the Court should not decline to exercise jurisdiction in this

HEREBY CERTIFY that this response was emailed to counsel on the list below this 18th day of May, 2017. s/ Paul Morris PAUL MORRIS SERVICE LIST: Philip M. Burlington Burlington & Rockenbach, P.A. Courthouse Commons/Suite 350 444 West Railroad Ave. West Palm Beach, FL 33401 2 EFTA00617544