ATLANTIC PLAZA PARTNERSHIP, ETC., ET AL., APPELLANTS,
v.
DAYTONA SANDS, INC., ETC., ET AL., APPELLEES
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The court held that summary judgment for appellees was proper because the appellant was not a party to the prior suit, even if some appellees did not consult counsel.
Appellant filed a malicious prosecution counterclaim against appellees after appellees' prior suit for declaratory judgment and injunctive relief conc…
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MILLS, Acting Chief Judge.
Appellant Elliott filed a malicious prosecution counterclaim against appellees. The trial court entered a summary judgment in favor of appellees on the ground that there was no genuine issue of material fact as to appellees’ defense of advice of counsel, therefore, appellees were entitled to a judgment as a matter of law. Elliott appeals contending the facts were conflicting and showed that a number of appellees never consulted with their attorney. We affirm.
Initially, appellees filed a suit for declaratory judgment and for injunctive relief against Atlantic Plaza Partnership. This suit was concluded by the entry of a summary judgment in favor of Atlantic. Elliott was not a party to this suit.
The record reflects that a number of the appellees did not consult with the attorney but it also reflects that these appellees did not authorize the attorney to file the suit.
The theory or reason of a trial court in making an order is not controlling. If there is any reason or theory to support the order, the ruling will be affirmed. Deemer v. Hallett Pontiac, Inc., 288 So. 2d 526 (Fla.3d DCA 1974).
As to some of the appellees, the reason given by the court for its ruling was correct. As to the remaining appellees, the court correctly entered summary judgment for them because they never authorized the filing of the initial suit. As to all of the appellees, the court was correct in its ruling, because Elliott was not a party to the initial suit which terminated in favor of Atlantic.
The summary judgment appealed is affirmed.
ERVIN and BOOTH, JJ., concur.
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Gellert v. E. AIR Lines, Inc., 370 So. 2d 802 (Fla. 3d DCA 1979)…separate ground. In re Estate of Yohn, 238 So. 2d 290, 295 (Fla.1970); Firestone v. Firestone, 263 So. 2d 223, 225 (Fla.1972); Deemer v. Hallett Pontiac, Inc., 288 So. 2d 526, 528 (Fla.3d DCA 1974); Atlantic Plaza Partnership v. Daytona Sands, Inc., 357 So. 2d 761 (Fla. 1st DCA 1978). The judgment is affirmed. . The report stated: “Because of his, if you will, monomania, I do not believe that this man would be completely safe to fly aircraft at this time. Men who are primarily preoccupied with such matters…
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Cleveland v. State, 394 So. 2d 230 (Fla. 5th DCA 1981)…t him. He then challenged the sentence as illegal pursuant to Florida Rule of Criminal Procedure 3.850. He was sentenced to ten years imprisonment for attempted armed burglary, a third-degree felony with a maximum term of five years. State v. Sudol, 357 So. 2d 761 (Fla. 4th DCA 1978). Therefore, the negotiated sentence is illegal. In accordance with our opinion in Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981), we vacate the plea, the judgment and sentence, and reinstate the dismissed counts; provided, h…
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Auto-Owners Ins. Co. v. Hooks, 463 So. 2d 468 (Fla. 1st DCA 1985)…ring an action for malicious prosecution is personal to the person directly aggrieved, so that the action cannot be maintained by one who was not a party to the allegedly malicious prosecution. Cf. Atlantic Plaza Partnership v. Daytona Sands, Inc., 357 So. 2d 761 (Fla. 1st DCA 1978) (where party filing malicious prosecution counterclaim was not a party to the initial lawsuit, plaintiff there could not be held liable regarding malicious prosecution claim asserted against it). Finally, it is clear that colora…
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- Deemer v. Hallett Pontiac, Inc., 288 So. 2d 526 (Fla. 3d DCA 1974)