AMABLE DELGADO, APPELLANT,
v.
AIRLINES REPORTING CORPORATION, EASTERN AIRLINES, INC., APPELLEE
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PER CURIAM.
Appellant Delgado, the counter-plaintiff below, appeals the trial court’s dismissal of his Abuse of Process counter-claim. We agree with the trial court’s finding that the said counter-claim was, in actuality, a disguised attempt to assert a Malicious Prosecution claim and, as. such, the trial court’s inherent ruling that the said claim was premature to the extent that it was filed prior to a final disposition of the underlying lawsuit that had been filed against the appellant.
Our affirmance is without prejudice to any right that the appellant might have to now initiate a Malicious Prosecution claim in view of the fact that the underlying lawsuit filed against the appellant is no longer pending. In so holding, we express no opinion concerning the manner in which the underlying lawsuit was concluded nor the effect that such a conclusion has upon the appellant’s right to maintain a Malicious Prosecution claim.
Affirmed.
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Woodruff v. Cape Coral Med. Ctr., Inc., 905 So. 2d 267 (Fla. 2d DCA 2005)…claim for an abuse of process. If Mr. Woodruff has a 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…