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).
Andrew Douglas, P.A. is a commercial litigation and construction litigation law firm, handling all business and personal claims. Andrew Douglas is a construction attorney and commercial attorney admitted to practice law in the State of Florida, and handling Florida Law Cases. If you have a question about a claim or defense related to Malicious Prosecution, or any other legal matter in Florida please call Andrew Douglas, P.A. for a free consultation.
Andrew Douglas, P.A., A Florida Construction Law Attorney , and Florida Commercial Litigation Attorney . We are a construction and commercial litigation and law practice for the South Florida construction and business community located in Broward County, Florida. Our litigation attorneys and lawyers handle construction and commercial cases all over the State of Florida. Click here to learn more about Attorney Andrew Douglas and his experience and qualifications. Andrew is a 2003 graduate of the University of Florida College of Law and College of Business with a Masters of Science in Business Administration - Finance. Call today to speak to an attorney today, and get started on your case. Andrew Douglas, Esq. is a Florida Licensed Real Estate Broker operating as Eagle One Realty Co., and Realtor for Weston , Florida and the surrounding area.