STONE, Judge.
A police officer of the Town of Palm Beach, Cypher, brought a malicious prosecution action against Segal. The action was based on an unsuccessful malicious prosecution suit brought by Segal against Cypher, the Town, and others, after Segal was acquitted in a criminal prosecution. The trial court in the present case granted a summary judgment in favor of Segal upon determining that Cate v. Oldham,
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