JOSEPH KODEL, APPELLANT,
v.
THE CITY NATIONAL BANK OF CORAL GABLES, A UNITED STATES CORPORATION, APPELLEE
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The Florida District Court of Appeal affirmed a summary final judgment against a plaintiff in a malicious prosecution action, holding that the plaintiff's committal by a justice of the peace established probable cause, thereby barring the claim.
Yes, the committal of a defendant by a justice of the peace is a determination that probable cause existed, which bars a subsequent malicious prosecution action. Allegations of fraud in the procurement of the committal order, without factual support, are insufficient to overcome this rule.
“the committal of a defendant is a determination that probable cause existed so as to put the wheels of criminal procedure in motion.”
This quote establishes the legal principle that a committal order is conclusive evidence of probable cause.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff brought a malicious prosecution action against the defendant bank. The trial court entered a summary final judgment against the plaintif…
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Plaintiff appeals from an adverse summary final judgment in a malicious prosecution action he brought against the defendant bank. The facts before the trial court demonstrate without issue that the plaintiff has no action because of the rule stated in Gallucci v. Milavic, Fla. 1958, 100 So.2d 375, 68 A.L.R.2d 1164: “* * * the committal of a defendant is a determination that probable cause existed so as to put the wheels of criminal procedure in motion.” 100 So.2d at 377. See also Kern v. Modernage Furniture Corporation, Fla. App.1961, 125 So.2d 893.
Appellant contends that the allegation in his complaint, without factual support, that the “Defendant did maliciously and wrongfully cause to be filed with the Justice of the Peace said Complaint” was sufficient to raise an issue of fraud in the procurement of the order binding appellant over their trial. This contention is without merit. See Goldstein v. Sabella, Fla. 1956, 88 So.2d 910, 58 A.L.R. 1418.
Affirmed.
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Citator
Cited By
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Starkenstein v. City OF Daytona Beach, 229 So. 2d 274 (Fla. 1st DCA 1969)…aw so the judgment appealed is affirmed.3 JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur. . Tatum Bros. Real Estate & Investment Co. v. Watson (1926), 92 Fla. 278, 109 So. 623. . Kodel v. City National Bank of Coral Gables (Fla.App.1969), 223 So. 2d 390; Gallucci v. Milavic (Fla.1958), 100 So. 2d 375, 68 A.L.R.2d 1164; Goldstein v. Sabella, (Fla.1956), 88 So. 2d 910, 58 A.L.R.2d 1418. . Florida State Turnpike Authority v. Michael Baker, Jr., Inc. (Fla.App.1963), 156 So. 2d 198.…
Authorities Cited
- Al Gallucci v. Milavic, 100 So. 2d 375 (Fla. 1958)
- Goldstein v. Sabella, 88 So. 2d 910 (Fla. 1956)
- Kern v. Modernage Furniture Corp., 125 So. 2d 893 (Fla. 3d DCA 1961)