Prior Proceeding Forming Basis of Malicious Prosecution Claim Must Entirely Be Terminated in Plaintiff’s Favor

There is a cause of action for malicious prosecution. This cause of action is discussed here. Of importance, the First District Court of Appeals in Gacek v. Avalon Dunes Condominium Owners Association, Inc., 51 Fla.L.Weekly D477b (Fla. 1st DCA 2026), affirmed that in order to pursue a malicious prosecution claim, the claiming party must prove that the prior proceeding forming the basis of the malicious prosecution claim ENTIRELY terminated in their favor: According to the Florida Supreme Court, one of the required elements of a claim for malicious prosecution is that the underlying “proceeding” must have terminated “in favor of the present...

27 May

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Malicious Prosecution Arising from Judicial Proceedings–There are Consequences

Posted by David Adelstein

in Trial Perspectives

There is the sentiment that parties can say and do whatever they want in a judicial proceeding and all actions will be exempt and immune under a litigation privilege. Such sentiment is misguided. There are consequences for malicious / bad faith conduct and statements that cause damage to the adverse party including a claim for malicious prosecution. The litigation privilege does NOT bar a claim for malicious prosecution because, as mentioned above, there are consequences for malicious conduct. See Debrincat v. Fischer, 2017 WL 526508 (Fla. 2017). This issue was recently confirmed by the Florida Supreme Court where the Court explained...

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Prior Proceeding Forming Basis of Malicious Prosecution Claim Must Entirely Be Terminated in Plaintiff’s Favor

Malicious Prosecution Arising from Judicial Proceedings–There are Consequences