Epstein Secrets

. (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

t, everything that he did 12 thereafter was an abuse of process. 13 We would put it to Your Honor that's not 14 the standard as espoused by the Third District 15 Court Of Appeal, the Fourth District Court Of 16 Appeal, or the Florida Supreme Court. The :7 standard is: Did the action have some relation

v. U.S. Fire Ins. Co., 639 So. 2d 606, 608 (Fla.1994); see also Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So. 2d 380 (Fla. 2007). Fischer argues that his malicious prosecution lawsuit, which is premised solely upon the Debrincats' prior filing of a cause of action against him is "not

tion. ' In applying the privilege to the retaliatory malicious prosecution lawsuit filed in Wolfe v. Foreman, 128 So. 3d 67 (Fla. 3d DCA 2013), the Third District reasoned: "It is difficult to imagine any act that would fit more firmly within the parameters of Levin and Echevarria than the actual filing of a

Matter. On or about March 22, 2016, this Court denied Epstein's Motion, without prejudice, stating that if there was "movement" on the Debrincat v. Fischer matter, then it would entertain this Motion. Since the March 22, hearing date, the Debrincat case has been fully briefed and Oral Argument has been

renders its Opinion on the certified conflict between the Fourth District Court of Appeal's decision in this matter and the decision rendered by the Third District Court of Appeal in Wolfe v. Foreman, 128 So. 3d 67 (Fla. 3d DCA 2013). Alternatively, should this Court not enter an Order staying these proceeding