Florida District Courts of Appeal, 1992

Dorta v. Gaines

Florida District Courts of Appeal · Decided October 6, 1992 · Ferguson, Gersten, Schwartz

605 So. 2d 182; 1992 Fla. App. LEXIS 10463; 1992 WL 261219 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Woodruff v. Cape Coral Medical Center, Inc. (Fla. Dist. Ct. App. 2005)

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.

The trial court correctly determined that the appellant’s complaint did not and could not state a claim for abuse of process and therefore could be maintained, if at all, only as a malicious prosecution action after a favorable determination of the underlying action. Marty v. Gresh, 501 So.2d 87 *183(Fla. 1st DCA 1987); McMurray v. U-Haul Co., Inc., 425 So.2d 1208 (Fla. 4th DCA 1983); Blue v. Weinstein, 381 So.2d 308 (Fla. 3d DCA 1980); see Yoder v. Adriatico, 459 So.2d 449 (Fla. 5th DCA 1984).

Affirmed.

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