SPONDER v. BRICKMAN

No. 68-18.

214 So.2d 631 (1968)

Terry SPONDER, Appellant, v. Frank BRICKMAN, Appellee.

District Court of Appeal of Florida. Third District.

October 15, 1968.


Attorney(s) appearing for the Case

Richard L. Lapidus, Miami, for appellant.

Joseph A. Wanick and Ira M. Elegant, Sibley, Giblin, Levenson & Ward, Miami Beach, for appellee.

Before PEARSON, HENDRY and SWANN, JJ.


PER CURIAM.

The appellant, who was plaintiff in an action for malicious prosecution, appeals from a summary final judgment for the appellee.

An absence of probable cause for the original criminal proceeding is an essential element of the appellant's cause of action. Duval Jewelry Co. v. Smith, 102 Fla. 717, 136 So. 878 (1931). Acquittal of a person tried for violating the law is not sufficient to establish the absence of probable cause for instituting criminal...

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