DELGADO v. AIRLINES REPORTING CORPORATION

No. 99-1325.

745 So.2d 1115 (1999)

Amable DELGADO, Appellant, v. AIRLINES REPORTING CORPORATION, EASTERN AIRLINES, INC., Appellee.

District Court of Appeal of Florida, Third District.

December 8, 1999.


Attorney(s) appearing for the Case

Gustavo Gutierrez, Miami, for appellant.

Herman Grubman & Moore and Jeffrey S. Grubman and Lawrence S. Gordon and Laura M. Feiner, Miami, for appellee.

Before SCHWARTZ, C.J., and COPE and LEVY, JJ.


PER CURIAM.

Appellant Delgado, the counter-plaintiff below, appeals the trial court's dismissal of his Abuse of Process counter-claim. We agree with the trial court's finding that the said counter-claim was, in actuality, a disguised attempt to assert a Malicious Prosecution claim and, as such, the trial court's inherent ruling that the said claim was premature to the extent that it was filed prior to a final disposition of the underlying lawsuit that had been filed...

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