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Florida District Courts of Appeal, 1986

Aaron v. Goldstein

Aaron v. Goldstein
Florida District Courts of Appeal · Decided June 4, 1986 · Anstead, Glickstein, Hersey
489 So. 2d 220; 11 Fla. L. Weekly 1276; 1986 Fla. App. LEXIS 8138 (Southern Reporter, Second Series)

Aaron v. Goldstein

Opinion of the Court

PER CURIAM.

The petition for writ of certiorari is hereby denied.

HERSEY, C.J., and ANSTEAD, J., concur. GLICKSTEIN, J., specially concurs with opinion.

Concurring Opinion

GLICKSTEIN, Judge,

specially concurring.

I agree the petition should be denied because petitioners have failed to establish the absence of an adequate remedy by plenary appeal. Nevertheless, it is clear to me that the counterclaim, in the absence of amendment, is for malicious prosecution, not abuse of process. The difference between the two and the time to bring either are discussed in McMurray v. U-Haul Company, Inc., 425 So.2d 1208, 1209 (Fla. 4th DCA 1983). See also, Blue v. Weinstein, 381 So.2d 308 (Fla. 3d DCA 1980).

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