Florida District Courts of Appeal, 2004

Gravitt v. Anova Food BV

Gravitt v. Anova Food BV
Florida District Courts of Appeal · Decided October 13, 2004 · Cope, Gersten, Green
884 So. 2d 1033; 2004 Fla. App. LEXIS 14993; 2004 WL 2290937 (Southern Reporter, Second Series)

Gravitt v. Anova Food BV

Opinion of the Court

PER CURIAM.

In this consolidated appeal, Javco International Corporation and William H. Gravitt, III appeal from final summary judgments entered in favor of the defendants, Anova Food BV. and Constant Mulder, in these malicious prosecution cases. Because we find that there are genuine issues of material fact as to whether there were bona fide terminations on the merits, we reverse. See Alamo Rent-A-Car, Inc. v. Mancusi 632 So.2d 1352 (Fla. 1994) (whether bargained for agreement constitutes bona fide termination is question of fact for jury).

GERSTEN and GREEN, JJ., concur.

Concurring in Part

COPE, J.

(concurring in part and dissenting in part).

In my view the trial court correctly entered summary judgment against Javco International Corporation on one of its malicious prosecution claims in the order dated October 7, 2003. I concur in reversing the summary judgment on the remaining claims.

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