Epstein Secrets

ed directly to the litigation. 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, M. v. U.S. Fire Ins. Co., 639 So.

ct occurring during the course of a judicial proceeding . . . so long as the act has some relation to the proceeding." Levin, 639 So. 2d at 608. In Echevarria, the Court reiterated its broad application of privilege "applies in all causes of action, statutory as well as common law." Echevarria, 950 So. 2d

submits that the trial court's Order granting his Motion for Summary Judgment was proper, as the binding decisions by the Florida Supreme Court in Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So. 2d 380 (Fla. 2007) and Levin, Middlebrooks, Moves & Mitchell, M. v. U.S. Fire Ins. Co., 639 S

t 68. The Wolfe court continued, unequivocally stating that: 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 complaint. The filing of a complaint, which initiates the judicial 11 EFTA00589631 proceedings, obviously "occurs du

ct occurring during the course of a judicial proceeding . . . so long as the act has some relation to the proceeding." Levin, 639 So. 2d at 608. In Echevarria, the Court reiterated its broad application of privilege "applies in all causes of action, statutory as well as common law." Echevarria, 950 So. 2d

ed directly to the litigation. 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,.. v. U.S. Fire Ins. Co., 639 So. 2

submits that the trial court's Order granting his Motion for Summary Judgment was proper, as the binding decisions by the Florida Supreme Court in Echevarria, McCalla, Raymer, Barren & Frappier v. Cole, 950 So. 2d 380 (Fla. 2007) and Levin, Middlebrooks, Moves & Mitchell,.. v. U.S. Fire Ins. Co., 639 So.

t 68. The Wolfe court continued, unequivocally stating that: 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 complaint. The filing of a complaint, which initiates the judicial proceedings, obviously "occurs during the course of

MR. BREWER: So let's get into the Wolfe case. That's where we're headed next. And really there's a trilogy of cases. There's the Levin case, the Echevarria case, if I'm somewhere close to pronouncing that correctly, and the Wolfe case. All of them deal with litigation privilege which dates back to 191

•• "THE COURT: This deals with the litigation privilege?" The attorney then goes on to say, "Yes, sir, it does deal with litigation privilege. Echevarria also deals with the litigation privilege. Delmonico stands for the proposition that the issues with regard to privilege are some issues of law for

submits that the trial court's Order granting his Motion for Summary Judgment was proper, as the binding decisions by the Florida Supreme Court in Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So. 2d 380 (Fla. 2007) and Levin, Middlebrooks, Moves & Mitchell, P.A. v. U.S. Fire Ins. Co., 639

on of Judge Corrigan in North Star Capital Acquisition, LLC vs. Krig, 611 F.Supp.2d 1324 (M.D. Fla. 2009), another decision that was decided after Levin and Echevarria. And the court in that case discussed -- let me just for a moment www.phippereporting.com 888 811-3408 001238 EFTA00613535 29 1 here -- 2 W

nger an issue either for purposes of 15 16 17 18 19 20 21 22 and now this Wolfe case is not being disposed of 23 24 25 Wolfe, Levin, and Echevarria cases. this summary judgment. Pursuant -- THE COURT: Let me stop you, Mr. King, so that you're not confused by my preliminary statements to Mr. B

A: So let's get into the Wolfe 9 case. That's where we're headed next. And really 10 there's a trilogy of cases. There's the Levin 11 case, the Echevarria case, if I'm somewhere close 12 to pronouncing that correctly, and the Wolfe case. 13 All of them deal with litigation privilege which 14 dates

Corrigan in North Star Capital 22 Acquisition, LLC vs. Krig, 611 F.Supp.2d 1324 23 (M.D. Fla. 2009), another decision that was 24 decided after Levin and Echevarria. And the court 25 in that case discussed -- let me just for a moment www.phippsreporting.com 888 811-3408 EFTA00606537 29 1 here -- 2 Well,

vilege to a malicious prosecution case. Burlington has cited numerous cases in his Steinberg brief but he does not really cite or discuss Levin and Echevarria. The Wolf case which he is trying to reverse relies on Levin and Echevarria and Burlington does not really address them. The trial judge said he rea

has no choice. I would be happy to discuss it further and I think my job would be to remind the Fourth District that their decision got reversed in Echevarria. Let me know if you want to talk about it on the phone or what you want to do next. Sincerely, John Beranek 6/16/2014 EFTA00613878

rous cases in his Steinberg brief but he does not really cite or discuss Levin and Echevarria. The Wolf case which he is trying to reverse relies on Levin and Echevarria and Burlington does not really address them. The trial judge said he really had no choice and had to follow this absolutely binding case-law. Of co

ation to the proceeding." Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A. 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

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 complaint." Id. at 70; accord, Davidson v. Capital One, N.A., No. 14-20478-CIV, 2014 WL 3767677 at *5 (S.D. Fla. July 3