GONZALO R. DORTA, ESQ., APPELLANT,
v.
JONATHAN GAINES, ESQ., VALDES-FAULI, COBB, PETREY & BISCHOFF, P.A., APPELLEES
GONZALO R. DORTA, ESQ., APPELLANT,
JONATHAN GAINES, ESQ., VALDES-FAULI, COBB, PETREY & BISCHOFF, P.A., APPELLEES
605 So. 2d 182
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court correctly determined that the appellant’s complaint did not and could not state a claim for abuse of process and therefore could be maintained, if at all, only as a malicious prosecution action after a favorable determination of the underlying action. Marty v. Gresh, 501 So. 2d 87 (Fla. 1st DCA 1987); McMurray v. U-Haul Co., Inc., 425 So. 2d 1208 (Fla. 4th DCA 1983); Blue v. Weinstein, 381 So. 2d 308 (Fla. 3d DCA 1980); see Yoder v. Adriatico, 459 So. 2d 449 (Fla. 5th DCA 1984).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Secured Realty Inv. Fund, Ltd., III v. Highlands Ins. Co., 678 So. 2d 852 (Fla. 3d DCA 1996)…on to the effect foreclosure had on Secured Realty’s right to collect insurance proceeds for a loss occurring after foreclosure. In support of their position, the appellee cites to the well-established law, approved by this court in Pick v. Gilbert, 605 So. 2d 182 (Fla. 3d DCA 1992), that “[w]here a ... loss occurs and a loss-payee is thus vested with rights under the insurance policy, subsequent partial or full extinguishment of the debt giving rise to the insurable interest will reduce the loss-payee’s inte…
-
Woodruff v. Cape Coral Med. Ctr., Inc., 905 So. 2d 267 (Fla. 2d DCA 2005)…cause of action based upon these allegations, it will be one for malicious prosecution. See Blue v. Weinstein, 381 So. 2d 308, 311 (Fla. 3d DCA 1980); see also Delgado v. Airlines Reporting Corp., 745 So. 2d 1115 (Fla. 3d DCA 1999); Dorta v. Gaines, 605 So. 2d 182 (Fla. 3d DCA 1992); Cazares v. Church of Scientology, 444 So. 2d 442 (Fla. 5th DCA 1983). That cause of action will not accrue unless and until the interpleader action is resolved in his favor. See Blue, 381 So. 2d at 311. Although the trial court d…
Authorities Cited
- Blue v. Weinstein, 381 So. 2d 308 (Fla. 3d DCA 1980)
- McMURRAY v. U-Haul Co., Inc., 425 So. 2d 1208 (Fla. 4th DCA 1983)
- Yoder v. Venancio A. Adriatico, 459 So. 2d 449 (Fla. 5th DCA 1984)
- Marcel E. Marty v. Norine Deep Gresh, 501 So. 2d 87 (Fla. 1st DCA 1987)