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JAYE v. ROYAL SAXON, INC.

No. 77570.

609 So.2d 20 (1992)

Mildred R. JAYE, Petitioner, v. ROYAL SAXON, INC., Respondent.

Supreme Court of Florida.

October 29, 1992.

Attorney(s) appearing for the Case

Michael B. Small of Small, Small & Small, P.A., Palm Beach, for petitioner.

John J. Bulfin of Wiederhold, Moses, Bulfin & Rubin, P.A., West Palm Beach, for respondent.

Marguerite H. Davis of Katz, Kutter, Haigler, Alderman, Davis, Marks & Rutledge, P.A., Tallahassee, amicus curiae for Florida Defense Lawyers Ass'n.

HARDING, Justice.

We have for review Jaye v. Royal Saxon, Inc., 573 So.2d 425 (Fla. 4th DCA 1991), in which The Fourth District Court of Appeal certified the following question as one of great public importance:

WHETHER CATE V. OLDHAM [450 So.2d 224 (Fla. 1984)] APPLIES TO PRIVATE LITIGANTS, TO BAR A SUBSEQUENT ACTION FOR MALICIOUS PROSECUTION WHERE THE PLAINTIFF HAS PREVIOUSLY...

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