ROBERT SPIVAK AND ANDREA SPIVAK, APPELLANTS,
v.
HELEN TREADWELL SHAW, APPELLEE
PER CURIAM.
We affirm the judgment in the defendant’s favor. Here, unlike the facts in Kao v. Lauredo, 617 So. 2d 775, 777 (Fla. 3d DCA 1993), there was no testimony that the rear end collision occurred because the accident happened “at a place and time where [a sudden stop] was reasonably expected .... ” The defendant, who was driving the rear vehicle, presented evidence that dissipated the presumption of negligence, and the presumption became only a “permissible inference which the jury may or may not draw from the evidence before it.” Eppler v. Tarmac America, Inc., 695 So. 2d 775, 777 (Fla. 1st DCA), review granted, 70S So. 2d 8 (Fla.1997).
Judgement affirmed.
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Echevarria v. Cole, 950 So. 2d 380 (Fla. 2007)…So. 2d at 274. The Third District subsequently upheld the trial court’s dismissal, including the rejection of the amendment, finding “such a [statutory] claim is also based on statements covered by the litigation privilege. See Burton [v. Salzberg, 725 So. 2d 450, 451 (Fla. 3d DCA 1999) ].” Boca Investors, 835 So. 2d at 275. Thus, in a case where a statutory antitrust claim was asserted, the Third District explicitly acknowledged that the litigation privilege could be invoked. Because the First District’s de…
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Rolle v. Cold Stone Creamery, Inc., 212 So. 3d 1073 (Fla. 3d DCA 2017)…any act required or permitted by [*1077] law in the due course of the judicial proceedings or as necessarily preliminary thereto.” Ange v. State, 98 Fla. 588, 128 So. 916, 917 (1929). See also Fridovich, 598 So. 2d at 66 (same);2 Burton v. Salzberg, 725 So. 2d 450, 451 (Fla. 3d DCA 1999) (same). While it may well be true that the Appellees will ultimately prevail on an affirmative defense such as absolute privilege, at this stage of the proceeding, there is nothing in the four corners of the complaint or its…
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- KAO v. Lauredo, 617 So. 2d 775 (Fla. 3d DCA 1993)
- Eppler v. Tarmac Am., Inc., 695 So. 2d 775 (Fla. 1st DCA 1997)