Florida District Courts of Appeal, 1996

Galvez v. Fernandez

Galvez v. Fernandez
Florida District Courts of Appeal · Decided May 8, 1996 · Gersten, Levy, Nesbitt
672 So. 2d 901; 1996 Fla. App. LEXIS 4738; 1996 WL 230734 (Southern Reporter, Second Series)

Galvez v. Fernandez

Opinion of the Court

PER CURIAM.

Appellant appeals an adverse summary judgment in her malicious prosecution suit against appellee. Because the record is insufficient to determine whether the original proceeding constituted a bona fide termination, a material issue of fact remains. See Sfeir v. Equitable Life Assurance Soc’y, 595 So.2d 971 (Fla. 2d DCA 1992); see also Alamo Rent-A-Car, Inc. v. Mancusi, 632 So.2d 1352 (Fla. 1994). Accordingly, the summary judgment is inappropriate.

Reversed.

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