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CAZARES v. CHURCH OF SCIENTOLOGY OF CAL., INC.

No. 82-1386.

444 So.2d 442 (1983)

Gabriel CAZARES, Appellant/Cross-Appellee, v. The CHURCH OF SCIENTOLOGY OF CALIFORNIA, INC., a California Corporation; Clyde H. Wilson, Jr., Wilson, Wilson & Namack Chartered, et al., Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 27, 1984.

Attorney(s) appearing for the Case

C. Allen Watts, DeLand, Wagner, Cunningham, Vaughan & McLaughlin, P.A., Tampa, and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, Walt Logan, St. Petersburg, for appellant/cross-appellee.

J. Michael Hayes of Johnson, Paniello & Hayes, Tampa, for appellees/cross-appellants.

Tobias Tolzmann, appellee, pro se.

COBB, Judge.

This appeal concerns the trial court's dismissal of a complaint attempting to allege the torts of malicious prosecution in Count I and abuse of process in Count II. For the reasons explicated below, we affirm the dismissal of Count II but reverse the dismissal of Count I.

The appellant, Gabriel Cazares, originally filed the complaint on March 26, 1980, in Pinellas County. The cause was transferred to Volusia County, and Cazares filed an

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