Florida Law Quick Answers

Quick Answers on Florida Law: Malicious Prosecution


This article is a Quick Answer Page on Malicious Prosecution, provided by Andrew Douglas, P.A.

What is Malicious Prosecution in Florida?
How do I prove a Malicious Prosecution claim in Florida?
What are the elements of a claim for Malicious Prosecution in Florida?

In order to prevail in a malicious prosecution action, a plaintiff must establish that:
1. an original criminal or civil judicial proceeding against the present plaintiff was commenced or continued;
2. the present defendant was the legal cause of the original proceeding against the present plaintiff as the
defendant in the original proceeding;
3. the termination of the original proceeding constituted a bona fide termination of that proceeding in favor of
the present plaintiff;
4. there was an absence of probable cause for the original proceeding;
5. there was malice on the part of the present defendant; and
6. the plaintiff suffered damage as a result of the original proceeding.
Alamo Rent-A-Car, Inc. v. Mancusi, 632 So.2d 1352, 1355 (Fla. 1994).

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