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

claims, and also finding that Levin, Middlebrooks, Moves & Mitchell v. U.S. Fire Ins. Co., 639 So. 2d 606 (Fla. 1994), Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So. 2d 380 (Fla. 2007), and Wolfe provided "binding precedent in this area of law." (R. 1203).2 Final Levin and Echevarria hold that t

. (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

Under well-established Florida Supreme Court precedent, the litigation privilege applies to all causes of action. See Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So. 2d 380 (Fla. 2007); Levin, Middlebrooks, Moves & Mitchell, P.A. v. U.S. Fire Ins. Co., 639 So. 2d 606 (Fla. 1994). Additionally, t

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

Traynor, 116 So. 3d 1205 (FIa. 2013) 3, 4, 6 Donner v. Appalachian Ins. Co., 580 So. 2d 797 (Fla. 3d DCA 1991). 5 Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So. 2d 380 (Fla. 2007). 1 Fee, Parker & Lloyd, P.A. v. Sullivan, 379 So. 2d 412 (Fla. 4th DCA 1980). . . 6, 7 Fischer v. Debrincat