secution claim. The key elements at issue in Edwards' claim are "the absence of probable cause for the prosecution, malice, and damages." See, e.g., Rivernider v. Meyer, 174 So. 3d 602 (Fla. 4th DCA 2015). Edwards' own statements in the e-mails are directly relevant to and go to the heart of Epstein's abil

644 (Fla.1999). "This rule applies in cases of summary judgments as well." Landis v. Allstate Ins. Co., 546 So. 2d 1051, 1053 (Fla. 1989); see also Rivernider, supra (holding that although trial judge erred in granting summary judgment based upon the litigation privilege, affirmance was nevertheless requi