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FIELDS v. GOLDSTEIN

No. 79-903.

379 So.2d 410 (1980)

Allan N. FIELDS, Appellant, v. Stephen J. GOLDSTEIN and Gulf Insurance Co., Appellees.

District Court of Appeal of Florida, Third District.

January 29, 1980.

Attorney(s) appearing for the Case

Bradford, Williams, McKay, Kimbrell, Hamann, Jennings & Kniskern and Patricia H. Thompson, Miami, for appellant.

Carey, Dwyer, Cole, Selwood & Bernard and Steven R. Berger, Miami, for appellees.

Before HENDRY, BARKDULL and SCHWARTZ, JJ.

SCHWARTZ, Judge.

In an action for malicious prosecution, the lower court entered summary judgment for the defendant Goldstein, an attorney who had filed a malpractice claim on behalf of a client against the plaintiff-appellant, an osteopathic physician. We do not decide whether such a case can ever be successfully maintained,1 because the record demonstrates conclusively that there was neither a want of probable cause nor malice in Goldstein...

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