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CA 2014) 15 Rivernider v. Meyer, Case Number 4D14-819 10 SCI Funeral Services of Florida, Inc. v. Henry, 839 So. 2d 702 (Fla. 3d DCA 2002) 22 Steinberg v. Steinberg, 152 So. 3d 572 (Fla. 1st DCA 2014) 6, 9 Valdes v. GAB Robins, 924 So. 2d 862 (Fla. 3d DCA 2006) 7 Volusia County v. Aberdeen at O
osecution claim. Appellant was undoubtedly aware of the Steinberg decision, as it was Appellant's counsel who not only represented the Appellant in Steinberg, but also filed his own initial brief from the Steinberg case in the instant case as a Supplementary Submission in Support of Edwards's Motion for
006) 7 Volusia County v. Aberdeen at Ormond Beach, M., 760 So. 2d 126 (Fla. 2000) 2 Wolfe v. Foreman, 128 So. 3d 67 (FIa. 3d DCA 2013) passim Wright v. Yurko, 446 So. 2d 1162 (Fla. 5th DCA 1984) 19, 20, 21 iii EFTA00589620 PRELIMINARY STATEMENT This matter arises from the Appellant, Bradley
appellate court. System Components v. FDOT, 14 So. 3d 967, 973 n.1 (Fla. 2009). The appellate brief upon which Edwards relies was filed in a case (Steinberg v. Steinberg) in which the trial court, much like this Court, properly followed the precedent in Wolfe. This is not, however, grounds upon which thi
raised therein were already submitted to, and properly rejected by, this Court. Moreover, the facts surrounding the malicious prosecution claim in Steinberg are readily distinguishable from the case at hand, as the malicious prosecution claim therein culminated from an underlying domestic violence actio
pre-date Wolfe (2013), Echevarria (2007), and Levin (1994), or decisions from other States. See Edwards's Motion for Reconsideration, p. 9, citing Wright v. Yurko, 446 So. 2d 1162 (5th DCA 1984); Kalt v. Dollar Rent-A-Car,422 So. 2d 1031, 1032 (Fla. 3d DCA 1982); Graham-Eckes Pahn Beach Academy, Inc.
CA 2014) 15 Rivernider v. Meyer, Case Number 4D14-819 10 SCI Funeral Services of Florida, Inc. v. Henry, 839 So. 2d 702 (Fla. 3d DCA 2002) 22 Steinberg v. Steinberg, 152 So. 3d 572 (Fla. 1st DCA 2014) 6, 9 Valdes v. GAB Robins, 924 So. 2d 862 (Fla. 3d DCA 2006) 7 Volusia County v. Aberdeen at O
osecution claim. Appellant was undoubtedly aware of the Steinberg decision, as it was Appellant's counsel who not only represented the Appellant in Steinberg, but also filed his own initial brief from the Steinberg case in the instant case as a Supplementary Submission in Support of Edwards' Motion for R
6) 7 Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000) 2 Wolfe v. Foreman, 128 So. 3d 67 (FIa. 3d DCA 2013) passim Wright v. Yurko, 446 So. 2d 1162 (Fla. 5th DCA 1984) 19, 20, 21 iii EFTA00714923 PRELIMINARY STATEMENT This matter arises from the Appellant, Bradle
CA 2014) 15 Rivernider v. Meyer, Case Number 4D14-819 10 SCI Funeral Services of Florida, Inc. v. Henry, 839 So. 2d 702 (Fla. 3d DCA 2002) 22 Steinberg v. Steinberg, 152 So. 3d 572 (Fla. 1st DCA 2014) 6, 9 Valdes v. GAB Robins, 924 So. 2d 862 (Fla. 3d DCA 2006) 7 Volusia County v. Aberdeen at O
osecution claim. Appellant was undoubtedly aware of the Steinberg decision, as it was Appellant's counsel who not only represented the Appellant in Steinberg, but also filed his own initial brief from the Steinberg case in the instant case as a Supplementary Submission in Support of Edwards' Motion for R
Third DCA opinion in 2000, both of which both 19 Judge Cope and the panel in the SCI case note that 20 the Supreme Court's citation in Levin to Wright 21 vs. Yurko, which I cited in the memorandum, which 22 was a Fifth DCA decision back in 1984, implicitly 23 24 25 recognizes -- that is the
eet, Fort Lauderdale, FL 33301. 954.467.1223 EFTA00583043 973 n.1 (Fla. 2009). The appellate brief upon which Edwards relies was filed in a case (Steinberg v. Steinberg) in which the trial court, much like this Court, properly followed the precedent in Wolfe. This is not, however, grounds upon which thi
raised therein were already submitted to, and properly rejected by, this Court. Moreover, the facts surrounding the malicious prosecution claim in Steinberg are readily distinguishable from the case at hand, as the malicious prosecution claim therein culminated from an underlying domestic violence actio
pre-date Wolfe (2013), Echevarria (2007), and Levin (1994), or decisions from other States. See Edwards's Motion for Reconsideration, p. 9, citing Wright v. Yurko, 446 So. 2d 1162 (5th DCA 1984); Kalt v. Dollar Rent-A-Car,422 So. 2d 1031, 1032 (Fla. 3d DCA 1982); Graham-Eckes Palm Beach Academy, Inc.
m would completely eviscerate the cause of action for malicious prosecution. However, that very same argument was flatly rejected in both Wolfe and Steinberg. The Wolfe decision, as well as the 16 EFTA00613605 Levin and Echevarria decisions, merely hold that "absolute immunity must be afforded to any
ite to the instant case, and as such its narrow holding has no bearing on, and should not be considered by, this Court. Similarly, Appellant cites Wright v. Yurko, 446 So. 2d 1162 (Fla. 5th DCA 1984) in support of his assertion that the litigation privilege is inapplicable to a malicious prosecution
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