ROBERT W. SOWERBY, APPELLANT,

v.

HARRY STEELE ET UX., APPELLEES

Citator

Cited By

• Cora Lee Cline v. Flagler Sales Corp. & O. H. Schwartz, 207 So. 2d 709 (Fla. 3d DCA 1968)
  …suse of process; a willful and intentional misuse of it for some wrongful and unlawful object, or ulterior purpose not intended by the law to effect. Nash v. Walker, Fla.1955, 78 So. 2d 685; Strickland v. Commerce Loan of Jacksonville, Fla.App.1963, 158 So. 2d 814; 1 Am.Jur.2d, Abuse of Process, § 4; 72 C.J.S. Process §§ 119, 120 and Annot.; 14 A.L.R.2d 322, et seq. In Prosser on Torts, 3rd Ed., Ch. 23, Misuse of Legal Procedure, § 115, p. 877, it is said: “Thus if the defendant prosecutes an innocent plaint…
• Khalil Burshan, M.D. v. Nat'l Union Fire Ins. Co. OF Pittsburgh, 805 So. 2d 835 (Fla. 4th DCA 2001)
  …proceeding, and (2) the presence of legal malice, which “may be inferred entirely from a lack of probable cause.” Adams v. Whitfield, 290 So. 2d 49, 51 (Fla.1974); see Iowa Mutual, 184 So. 2d at 706; Strickland v. Commerce Loan Co. of Jacksonville, 158 So. 2d 814, 816 (Fla. 1st DCA 1963). Legal malice may also be inferred from “gross negligence, or great indifference to persons, property, or the rights of others.” Alamo Rent-A-Car, Inc. v. Mancusi, 632 So. 2d 1352, 1357 (Fla.1994). Crucial to the determinat…
• Iowa Mut. Ins. Co. v. Gulf Heating & Refrigeration Co., Inc., 184 So. 2d 705 (Fla. 2d DCA 1966)
  …n, Plaintiff instituted this action. A cause of action in tort for the wrongful and malicious seizure of property under a writ of garnishment or attachment is recognized in Florida. Strickland v. Commerce Loan Company of Jacksonville, Fla.App.1963, 158 So. 2d 814. It is well established that the principles governing a common law action for the wrongful issuance of such writs are those common law principles applicable to actions for malicious prosecution. 5 Am.Jur., Attachment and Garnishment, Section 984, pp…

Authorities Cited

• Smith v. Smith, 78 So. 2d 687 (Fla. 1955)