SYGER
v.
KRIGER
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A plaintiff asserting malicious prosecution must establish that the prior litigation ended with a bona fide termination in that party's favor, and dismissal on technical, procedural, or other grounds not inconsistent with guilt does not constitute a favorable termination.
[1] A dismissal on technical, procedural, or other grounds not inconsistent with guilt does not constitute a favorable termination sufficient to support a malicious prosecuti…
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Join FLexlaw to unlock all legal intelligence“It is axiomatic that a plaintiff in a malicious prosecution case must, as an essential element of that cause of action, establish that the prior litigation giving rise to the malicious prosecution suit ended with a 'bona fide termination' in that party's favor.”
Establishing the essential elements of a malicious prosecution claim
The case involves a malicious prosecution claim where the plaintiff seeks recovery based on prior litigation. The prior litigation was dismissed on gr…
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PER CURIAM.
*137Affirmed. See Valdes v. GAB Robins N. Am., Inc., 924 So. 2d 862, 866 (Fla. 3d DCA 2006) ("It is axiomatic that a plaintiff in a malicious prosecution case must, as an essential element of that cause of action, establish that the prior litigation giving rise to the malicious prosecution suit ended with a 'bona fide termination' in that party's favor.") (quoting Doss v. Bank of Am., N.A., 857 So. 2d 991, 994 (Fla. 5th DCA 2003) ); see also Union Oil of Cal., Amsco Div. v. Watson, 468 So. 2d 349, 353 (Fla. 3d DCA 1985) ("Where dismissal is on technical grounds, for procedural reasons, or any other reason not inconsistent with the guilt of the accused, it does not constitute a favorable termination.").
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Union OIL OF Cal. v. Watson, 468 So. 2d 349 (Fla. 3d DCA 1985)
- Valdes v. GAB Robins N. Am., Inc., 924 So. 2d 862 (Fla. 3d DCA 2006)
- Doss v. Bank OF Am., N.A., 857 So. 2d 991 (Fla. 5th DCA 2003)