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GANGELHOFF v. LOKEY MOTORS COMPANY, INC.

No. 72-87.

270 So.2d 58 (1972)

Fred R. GANGELHOFF, Appellant, v. LOKEY MOTORS COMPANY, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

December 8, 1972.

Attorney(s) appearing for the Case

Leon Whitehurst, Jr., Clearwater, for appellant.

Howard H. Whittington of Wolfe, Bonner & Hogan, Clearwater, for appellee.

LILES, Judge.

Appellant brought suit against Lokey Motors Company, Inc., a Florida corporation, and alleged among other things that Lokey Motors had instituted criminal proceedings against him without probable cause and with malice.

The trial court granted defendant's motion to dismiss for the reason that the element of malice was not sufficiently pleaded. Appellant assigns as error the court's dismissal of his amended complaint. We reverse.

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