MILDRED R. JAYE, PETITIONER,
v.
ROYAL SAXON, INC., RESPONDENT

Fla. | 1992-10-29
No. 77570
BARKETT, C.J., and OVERTON, McDonald, SHAW, GRIMES and KOGAN, JJ., concur.
609 So. 2d 20 Florida Supreme Court (1992) Positive Treatment
Cited by 5 cases
Topics
Election Of Remedies Malicious Prosecution

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Opinion of the Court
HARDING, Justice.

HARDING, Justice.

We have for review Jaye v. Royal Saxon, Inc., 573 So. 2d 425 (Fla. 4th DCA 1991), in which The Fourth District Court of Appeal certified the following question as one of great public importance:

WHETHER CATE V OLDHAM [450 So. 2d 224 (Fla.1984) ] APPLIES TO PRIVATE LITIGANTS, TO BAR A SUBSEQUENT ACTION FOR MALICIOUS PROSECUTION WHERE THE PLAINTIFF HAS PREVIOUSLY ELECTED TO TAX COSTS AND/OR FEES AFTER SUCCESSFULLY DEFENDING THE UNDERLYING ACTION?

Id. at 426. We answer the certified question in the negative based on our opinion in Londono v. Turkey Creek, Inc., 609 So. 2d 14 (Fla.1992). Accordingly, we quash the decision below and remand for proceedings consistent with this Court’s decision in Londono.

It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, SHAW, GRIMES and KOGAN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Jaye v. Royal Saxon, Inc., 687 So. 2d 978 (Fla. 4th DCA 1997)
    …lying on a prior opinion of this court. Jaye appealed and this court affirmed. Jaye then petitioned to the supreme court and the summary judgment was reversed, the supreme court overturning the prior opinion of this court. Jaye v. Royal Saxon, Inc., 609 So. 2d 20 (Fla.1992). Upon remand, the malicious prosecution action was tried and Jaye was ultimately [*980] awarded $56,000 for Royal Saxon’s malicious prosecution of the eviction case, but no damages for the key case. Costs were taxed in the amount of $8,3…
  • Tackett Plastics, Inc. v. Bowsmith, Inc., 614 So. 2d 30 (Fla. 2d DCA 1993)
    …t litigant has previously elected to tax costs after successfully defending an underlying criminal action. The Florida Supreme Court, however, has since determined that Cate v. Oldham does not apply in such situations. See Jaye v. Royal Saxon, Inc., 609 So. 2d 20 (Fla.1992). See also Londono v. Turkey Creek, Inc., 609 So. 2d 14 (Fla.1992). In Jaye v. Royal Saxon, Inc., the Fourth District certified the following question as being one of great public importance: WHETHER CATE v. OLDHAM APPLIES TO PRIVATE LIT…
  • Jaye v. Royal Saxon, Inc., 609 So. 2d 787 (Fla. 4th DCA 1993)

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