INEZ GALVEZ, APPELLANT,
v.
CECILIO FERNANDEZ, APPELLEE
INEZ GALVEZ, APPELLANT,
CECILIO FERNANDEZ, APPELLEE
672 So. 2d 901
Florida District Court of Appeal, Third District (1996)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Appellant appeals an adverse summary judgment in her malicious prosecution suit against appellee. Because the record is insufficient to determine whether the original proceeding constituted a bona fide termination, a material issue of fact remains. See Sfeir v. Equitable Life Assurance Soc’y, 595 So. 2d 971 (Fla. 2d DCA 1992); see also Alamo Rent-A-Car, Inc. v. Mancusi, 632 So. 2d 1352 (Fla.1994). Accordingly, the summary judgment is inappropriate.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dennis v. State, 685 So. 2d 1373 (Fla. 3d DCA 1996)…ppeal of the same circuit court order that was previously appealed by way of a petition for writ of certiorari to this court. A panel from this court treated it as an appeal from a denial of a postconviction motion and affirmed. See Dennis v. State, 672 So. 2d 901 (Fla. 3d DCA), review dismissed, 676 So. 2d 412 (Fla.1996). This is but one example of the abuse of process that has occurred in this case. Dennis has repeatedly, over a span of twelve years, merely relabeled the same motion or petition, and refiled…
Authorities Cited
- Alamo Rent-A-Car, Inc. v. Mancusi, 632 So. 2d 1352 (Fla. 1994)
- Jennings v. Am. Media, Inc., 595 So. 2d 971 (Fla. 5th DCA 1992)
- Sfeir v. Equitable Life Assurance Soc'y OF the United States, 595 So. 2d 971 (Fla. 2d DCA 1992)