Florida District Courts of Appeal, 1981

Liu v. Mandina

Florida District Courts of Appeal · Decided March 25, 1981 · Hurley, Kendall, Moore, Sharp

396 So. 2d 1155; 1981 Fla. App. LEXIS 19010 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Alamo Rent-A-Car, Inc. v. Mancusi (Fla. 1994)
Alamo Rent-A-Car, Inc. v. Mancusi (Fla. Dist. Ct. App. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal from a summary judgment in favor of the defendant on a complaint for malicious prosecution.

One of the six essential elements of malicious prosecution is the bona fide termination of a criminal procedure in plaintiff’s favor. Coleman v. Collins, 384 So.2d 229 (Fla. 5th DCA 1980).

Where the nolle prosequi is obtained by the accused upon a promise of restitution, it is not a bona fide termination in plaintiff’s favor. Gatto v. Publix Supermarket, Inc., 387 So.2d 377 (Fla. 3rd DCA 1980).

In this case it appears that there is still a genuine issue whether the nolle prosequi had been obtained as a result of a promise to pay. Assistant State Attorney Forman and Attorney Stone differ. It is defendant’s burden to establish that the decision to nolle prosequi was based solely on restitution.

There being a genuine issue of a material fact, we reverse.

REVERSED.

MOORE and HURLEY, JJ., and SHARP, G. KENDALL, Associate Judge, concur.

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