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LIU v. MANDINA

No. 80-1255.

396 So.2d 1155 (1981)

Nan LIU, Appellant, v. Philip J. MANDINA, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 5, 1981.

Attorney(s) appearing for the Case

Jerome F. Pollock, Hollywood, for appellant.

Richard A. Sherman of Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy, Miami, for appellee.

PER CURIAM.

This is an appeal from a summary judgment in favor of the defendant on a complaint for malicious prosecution.

One of the six essential elements of malicious prosecution is the bona fide termination of a criminal procedure in plaintiff's favor. Coleman v. Collins, 384 So.2d 229 (Fla. 5th DCA 1980).

Where the nolle prosequi is obtained by the accused upon a promise of restitution, it is not a bona...

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