Florida District Courts of Appeal, 1991

Graham-Eckes Palm Beach Academy, Inc. v. Johnson

Graham-Eckes Palm Beach Academy, Inc. v. Johnson
Florida District Courts of Appeal · Decided January 30, 1991 · Dell, Stone, Warner
573 So. 2d 1007; 1991 Fla. App. LEXIS 603; 1991 WL 7684 (Southern Reporter, Second Series)

Graham-Eckes Palm Beach Academy, Inc. v. Johnson

Opinion of the Court

PER CURIAM.

Graham-Eckes Palm Beach Academy, Inc., appeals from the entry of a final judgment on the pleadings on its counterclaim for intentional interference with a contract for the sale of land and slander of title. We affirm.

Appellant contends that the absolute privilege normally accorded to pleadings should not apply where the complaint is wholly frivolous and filed to interfere with the performance of a contract for the sale of property. While appellant’s argument is persuasive, we hold that its proper cause of action would have been one for malicious prosecution and affirm on the authority of Procacci v. Zacco, 402 So.2d 425 (Fla. 4th DCA 1981).

AFFIRMED.

DELL, STONE and WARNER, JJ., concur.

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