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cause of action for malicious prosecution continues to exist and would not be barred by the litigation privilege.’”’); Boca Investors Group, Inc. v. Potash, 835 So. 2d 273, 275 (Fla. 3d DCA 2002) (Cope, J., concurring) (litigation privilege would not be a bar to a malicious prosecution action); North Sta
Page: HOUSE_OVERSIGHT_013311 →ns preliminary to or during judicial proceedings, an abuse of process claim would never exist, nor would a claim for malicious prosecution”); Cruz v. Angelides, 574 So. 2d 278 (Fla. 3d DCA 1991)(“the law is well settled that a witness in a judicial proceeding,... is absolutely immune from any civil liability
Page: HOUSE_OVERSIGHT_013311 →inexplicable about Wolfe, 6 is that it ignores its own prior precedent by 7 Judge Cope in his concurring decision in Boca 8 Investors Group vs. Potash, 835 So2d. 273. 9 THE COURT: That was a concurring opinion? 10 MR. KING: Yes, that was his concurring 11 opinion. 12 THE COURT: Okay. 13 M
tated that neither malicious prosecution nor 5 abuse of process would be barred by the litigation 6 privilege. 7 I have also cited the Cruz vs. Angelides, 8 the Middle District of -- I'm sorry, 9 574 So2d. 278, Second DCA 1991, which also 10 suggests that malicious prosecution would not be 11 b
inexplicable about Wolfe, 6 is that it ignores its own prior precedent by 7 Judge Cope in his concurring decision in Boca 8 Investors Group vs. Potash, 835 So2d. 273. 9 THE COURT: That was a concurring opinion? 10 MR. KING: Yes, that was his concurring 11 opinion. 12 THE COURT: Okay. 13 MR
tated that neither malicious prosecution nor 5 abuse of process would be barred by the litigation 6 privilege. 7 I have also cited the Cruz vs. Angelides, 8 the Middle District of -- I'm sorry, 9 574 Sold. 278, Second DCA 1991, which also 10 suggests that malicious prosecution would not be 11 b
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