The United States Constitution contains several provisions regarding the law of criminal procedure . Persons using a legal process with malice in order to attain a personal purpose not similar to what it the crux of the litigation are liable for intentional tort of abuse of process. WebAny person who knows, or has reasonable cause to suspect, that a person with a developmental disability is being abused, neglected, or exploited by a relative, caregiver, or household member or, in the case of self-neglect, by themselves, is required to report such knowledge or suspicion to the Florida Abuse Hotline at 1-800-96-ABUSE (or 1-800-962 Webfind figurative language in my text generator. Valdes v. Corp. v. U.S. App. It does not include harm such as conviction and confinement resulting from the processs being carried through to its lawful conclusion. Ct. App. In the end, the appellate court (Floridas Thirst District Court of Appeal) sustained the claim for abuse of process even though Cline was eventually released. They acted honorably.2. v. t. e. An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an Updated: Nov 7th, 2022. Ct. App. 836 (Va. Ct. App. A judicial officer is generally exempted from civil liability for abuse of process if: However, a judicial officer can be held liable for abuse of process if the officer acts without any jurisdiction and commits the abuse while acting under the pretense of his/her official capacity. The author frequently sees domestic violence injunction filings that are initiated for wrongful reasons. Malicious prosecution claims cannot be brought in a counterclaim in the original proceeding. As part of execution, all funds in the plaintiffs accounts were frozen because of the levy. Defendant further argues Counts I and II should be dismissed because they are based on "misplaced legal conclusions." Web39.201 Mandatory reports of child abuse, abandonment, or neglect; mandatory reports of death; central abuse hotline.. Plaintiff's claims arise from Defendant's alleged improper use of the legal system against her to collect a debt owed by her husband. 1988). However, such protection may not provide an attorney with an absolute defense to liability for abuse of process. 3. Miss. 63, 2002 WL 539065 (2002). Breach of Third-Party Beneficiary Contract, Breach: 05. United States v. Baxter Int'l, Inc., 345 F.3d 866, 881 (11th Cir. 1003, 1006 (S.D. It is usually required that a person who brings a claim for abuse of process will have to plead and prove that injury or damages resulted from the irregularity of the process. 2017). Co., 639 So.2d 606, 608 (Fla.1994), the Florida Supreme Court extended the litigation privilege, already applicable to defamatory statements (slander and libel) and perjury, to all other torts so long as the act complained of occurs during and has some relation to the proceedings, stating: [W]e find that absolute immunity must be afforded to any act occurring during the course of a judicial proceeding, regardless of whether the act involves a defamatory statement or other tortious behavior such as the alleged misconduct at issue, so long as the act has some relation to the proceeding [P]articipants [must] be free to use their best judgment in prosecuting or defending a lawsuit without fear of having to defend their actions in a subsequent civil action for misconduct. A Rule 12(b)(6) motion to dismiss is not the proper procedural device to probe the truthfulness of Plaintiff's factual allegations, and assertion of the affirmative defense of advice of counsel is rejected at this stage of the proceedings. For example, in Olson v. Johnson, 961 So.2d 356, 360 (Fla. 2d DCA 2007), the court found that the litigation privilege did not protect the three women who allegedly filed a police report falsely accusing Olson of stalking. & Loan Ass'n, 382 So.2d 678, 683 (Fla.1980)); Hudson v. Dykes, 402 So.2d 491, 493 (Fla. 1st DCA 1981). WebThe Florida Legislature adopted the Florida Adult Protective Services Act to provide for the detection and correction of abuse, neglect, and exploitation of a vulnerable adult through both social services and criminal investigations. Breach of Implied in Fact Contract; 12 Breach: 06. 2014). 3d 67 (Fla. Dist. Swicegood v. Lott, 379 S.C. 346 (S.C. Ct. App. Debrincat, 217 So.3d at 70.

Subscribers To The Florida Litigation Guide Can See: Click Here To See A Sample Chapter From The Guide. See our article The Acid Test Clause. However, the collector filed criminal charges against her under F.S. R. Civ. In other jurisdictions, proof of malice is required in order to sustain a claim for abuse of process. In Debrincat, the Florida Supreme Court clarified that the issue is where to draw the line between the competing interests of freedom from malicious conduct and the ability to fully access the courts, with Florida law deferring to pre-existing torts that would be eviscerated by extending the litigation privilege further. Jackson v. BellSouth Telecomms., 372 F.3d 1250, 1262 (11th Cir. If you need a personal injury attorney in Valdosta, contact Morgan and Morgan today to schedule a free case evaluation and learn about your legal options. Lawyers who are proven guilty of intentional abuse of process can be subject to discipline and punishment. Olson was acquitted and sued the three women for malicious prosecution and abuse of judicial process. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. 357 (Fla.1907). Appellant filed a counterclaim against appellee bank for abuse of process and malicious prosecution. 2d 605, 610 (S.D. This section does not prohibit individuals from assembling freely to express opinions or designate group affiliation or association. United States v. Chatham, 415 F. Supp. Endacott v. Int'l Hospitality, Inc., 910 So.2d 915, 922 (Fla. 3d DCA 2005) (stating lawyers are entitled to rely on their client's representations of fact); United States v. Del CarpioCotrina, 733 F.Supp. On the contrary, just as [r]emedies for perjury, slander, and the like committed during judicial proceedings are left to the discipline of the courts, the bar association, and the state, Wright, 446 So.2d at 1164, other tortious conduct occurring during litigation is equally susceptible to that same discipline. As a result of the damage Plaintiff experienced, she raises claims for: (I) wrongful garnishment; (II) malicious prosecution; (III) abuse of process; and (IV) intentional interference with business advantage [DE 1]. Ct. App. The Hal S. Marchman Alcohol and Other Drug Services Act of 1993, commonly referred to as the Marchman Act, is a Florida statute providing emergency intervention for those over-using drugs or alcohol. There is no statute that I'm aware of. However, as this court has made clear, no such cause of action exists in this state. Local Rule 4 (Appearances). Accordingly, we affirm the trial court's order granting the Miami Lawyers' motion for judgment on the pleadings on Wolfe's causes of action against the Miami Lawyers for abuse of process and malicious prosecution.

The filing of a complaint, which initiates the judicial proceedings, obviously occurs during the course of a judicial proceeding and relates to the proceeding.. WebFirst 20th-century case where the Court protected the rights of Blacks in the South, and one of its first to review a criminal conviction for constitutionality. Al Hamilton Contracting Co. v. Cowder, 434 Pa. Super. Since the parties are in agreement, Defendant's motion to dismiss Count I for wrongful garnishment based on the litigation privilege is denied. 1st Dist. They are difficult and this article shall discuss the elements, the usual issues confronted and the practicalities of bringingor defendingan action for abuse of process. Some reference is made to the law in other jurisdictions and to the abuse of process, and false imprisonment. However, the Eleventh Circuit has held that the pleading rules set forth in Federal Rule of Civil Procedure 8(a)(3) preempt 768.72's requirement that a plaintiff must obtain leave from the court before including a prayer for punitive damages. 1983); McMurray v. U-Haul Co., 425 So.2d 1208 (Fla. Dist. of Knight-Ridder v. Ferre, 636 F. Supp. This law makes it a crime to remove property from the county in which you live where another person or entity holds the title to the item (chattel). The elements of a cause of action for abuse of process under Florida law are: (1) an illegal, improper, or perverted use of process by --------. A claimant may still pursue a claim for an abuse of process when the claim is based on actions taken outside of a judicial proceeding or on actions that are taken during a judicial proceeding but which are unrelated to the judicial proceeding. Ct. App. v. U.S. Fire Ins. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . 2d Dist.

The elements of a cause of action for abuse of process under Florida law are: (1) an illegal, improper, or perverted use of process by the defendant; (2) an ulterior motive or purpose in exercising the illegal, improper, or perverted process; and (3) damages to the plaintiff as a result. ABUSE OF PROCESS. ("BOA") by, among other things, causing premature writs of garnishment to be issued, as well as threatening and intimidating BOA to the point where it refused to comply with its obligation to disburse the Investment Funds to Plaintiff as required (even in the face of applicable court orders)." The mayor ordered that the possession of the owners vehicle will be retained by the mayor until the owner pays off certain civil debts. It is the malicious and deliberate misuse of regularly issued civil or criminal court process that is not justified by the underlying legal action. Perlman v. Wells Fargo Bank, N.A., 559 F. App'x 988, 994 (11th Cir. 1. As DelMonico explained "[i]n these more formalized judicial settings, the presence of safeguards facilitates and promotes an unimpeded speaking environment while protecting an individual from false or malicious statements for several reasons;" while statements made outside the watchful eye of a court are more problematic. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Barniv v. BankTrust, 579 F.App'x 719, 721 (11th Cir. requires petition and hearing 510 (Me. Accordingly, the Motion to Dismiss is granted in that the allegations in Count III that are properly brought under an abuse of process theory are dismissed with prejudice due to the application of the litigation privilege. Inherent to the defense is that defendant acted in good faith in the underlying proceedings. See our article on Measurement of Damages. "[T]he threshold of sufficiency to which a complaint is held at the motion-to-dismiss stage is 'exceedingly low.'" The emphasis in this article is on the Florida law regarding malicious prosecution. Defendant also argues that Counts I and II should be dismissed based on the affirmative defense of "advice of counsel." Abuse of process, an intentional tort, requires proof of two elements: an ulterior purpose for bringing a legal action other than resolving a dispute, and a willful act in the use of the legal process not proper in the regular conduct of the proceeding. In Florida, What is a Claim for Abuse of Process. In McGann v. Allen, 105 Conn. 177, 191, 134 A. Moreover, Defendant's motion to dismiss only takes issue with whether probable cause existed to commence the action; it remains silent as to whether probable cause continued to exist throughout the underlying proceeding. WebJessica Lunsford Act On June 20, 2007, Governor Charlie Crist signed into law Senate Bill 988, Relating to High Risk Offenders. Web2 Abuse of Process; 3 Account Stated; 4 Accounting; 5 Assault; 6 Battery; 7 Breach: 01. Id. For the reasons expressed, I join in the affirmance of the judgment of the trial court in this case and the decision of this court to award appellate attorneys' fees to counsel for Kenny Nachwalter and the individual defendants. 2006). An attorney is protected from the liability for defamation that occurs during a judicial proceeding. Brown v. Judgment was entered in favor of the client, but was stayed. Ct. App. Chapman v. State, Dep't of Health & Rehabilitative Servs., 517 So.2d 104, 106 (Fla. 3d DCA 1987) (citing Pokorny v. First Fed. 2d 606, 607 (Fla. 1994) ("Levin") "the Florida Supreme Court concluded that the litigation privilege precluded all tort claims based on a party's conduct during the course of litigation, holding that 'any act occurring during the course of a judicial proceeding' is entitled to absolute immunity 'so long as the act has some relation to the proceeding.'" The only remarkable thing about this case is its existence. The elements for a malicious prosecution cause of action are that a judicial proceeding: (1) was commenced against the plaintiff; (2) was instigated by the defendant; (3) ended in favor of the plaintiff; (4) was instigated with malice; (5) was commenced without probable cause; and (6) resulted in damage to the plaintiff. The Monroe County litigation ultimately was settled. 27 & 28], all relevant law, and is otherwise fully advised in the premises. Abuse of process involves the use of criminal or civil legal process against another primarily to accomplish a purpose for which it was not designed. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Heck v. Humphrey, 512 U.S. 477 (U.S. 1994). Malice denotes that condition of mind manifested by intentionally doing a wrongful act without just cause or excuse. The information on this website is not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. This Court accepts as true all the allegations in the complaint and construes them in the light most favorable to the plaintiff when ruling on a motion to dismiss. The trial court, therefore, correctly granted judgment on the pleadings in favor of the Miami Lawyers, and we affirm the trial court's order as to Wolfe's abuse of process claim. An abuse of process arises only when there has been a perversion of court processes to accomplish some end which the process was not intended by law to Compl. Sometimes abuse of process may occur accidentally, such as an honest belief in mistaken facts used to bring a lawsuit against an improper party, but such missteps may be corrected through voluntary measures. Although domestic violence is not a criminal act, a background check is likely to show such a case. The parties responded and Defendant's Motion to Dismiss is now ripe for adjudication. In such cases, mere vexation or harassment is not regarded as sufficient loss to give rise to the tort Ion Equipment Corp. v. Nelson, 110 Cal.
Need for End of Original Action Favorable to Plaintiff as Requirement. v. U.S. Fire Ins. However, if the process is used only for the purpose for which it was designed and intended, then mere ill will or spite towards an adverse party in a proceeding will not constitute an ulterior or improper motive Sage International, Ltd. v. Cadillac Gage Co., 556 F. Supp. The jurisdiction of the officer is complete and attaches to the person and the subject matter in connection with the alleged illegal acts that are committed; The officer acts within the scope of his/her jurisdiction and in a judicial capacity. See our articles on American Litigation and Criminal Law. Lawyers refer to this type of law as The difference between the torts of malicious prosecution and abuse of process is that the tort of malicious prosecution is concerned with maliciously causing process to issue, whereas the tort of abuse of process is concerned with the improper use of process after it issues. What makes such cases often difficult is that malice or wrongful intent is an element requiring proof as to the state of mind of the accused. AMY KODSI, an individual Plaintiff, v. BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, Defendant. 1998). Id. Section 768.72 requires leave of court before pleading a request for punitive damages. With a Contractual Right, Tortious Interference: 3. Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against under lawful circumstances is protected under Florida FCA via Florida Statute 112.3187 known as the Florida Whistle-blower Protection Act. Those efforts included freezing a bank account belonging solely to Plaintiff allegedly without legal justification. Rule 9(g) requires that: "[i]f an item of special damages is claimed, it must be specifically stated." Under Rule 12(b)(6), a defendant may seek to have a claim dismissed when the Complaint "fail[s] to state a claim upon which relief can be granted". at 1217. 1962). Web1. 1992).

Abuse of process refers to the improper use of a civil or criminal legal procedure for an unintended, malicious, or perverse reason. The focus of inquiry must be "whether the statement was made 'in connection with' or 'in the course of' an existing judicial proceeding." "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ct. App. Appellant contended that malice was not an element of a cause of action in abuse of process. P. 8(a) ("Rule 8(a)"), which only requires "a short and plain statement of the claims" that "will give the defendant fair notice of what the plaintiff's claim is and the ground upon which it rests." TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 1980). 1984) citing Nash v. Walker, 78 So.2d 685 (Fla. 1955); Cazares v. Church of Scientology of California, Inc., 444 So.2d 442 (Fla. Dist. Note, however, that, no claim for abuse of process would lie where the defendant has done nothing more than carry out the process to its authorized conclusion, even though with bad intentions. The Court issued an order staying the case until resolution of Fischer v. Debrincat, 169 So. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or. The court observed that the defendant did nothing more than pursuing his claim for the repair bill. Simply because you win does not mean abuse of process arose and you will need additional powerful evidence to achieve a good chance for prevailing in that cause of action. Co., 856 F.3d 1343, 1349 (11th Cir. The landlord insisted the tenant sign a long term lease, but the tenant declined. 83. In some jurisdictions malice is not considered as a necessary element of the tort of abuse of process except where punitive or exemplary damages are sought. The Need to Win the First Round and Motive: In order to establish a cause of action for malicious prosecution of either a criminal or civil proceeding, a plaintiff has to prove that the prior action (1) was commenced by or at the direction of the defendant and was pursued to a legal termination in his, plaintiffs, favor (2) was brought without probable cause; and (3) was initiated with malice. 2013); while the Fourth District in Fischer v. Debrincat did not. State v. Burlison, 255 Neb. In re Southeast BANKING Corp., 69 F.3d 1539, 1551 ( 11th Cir, children! Repair Bill > Ct. App 512 U.S. 477 ( U.S. 1994 ) Terms of Service apply long lease! In Fact Contract ; 12 Breach: 05 of process, and false imprisonment 1349 ( 11th.. A counterclaim in the plaintiffs accounts were frozen because of the client, but was stayed reference is to!, 69 F.3d 1539, 1551 ( 11th Cir elements constitute the intentional tort of abuse of process ; account., protects children from abuse, neglect, or voicemail bank for abuse process. Foreman, et al., Appellants, v. Jeffrey T. FOREMAN, et al., Appellants, v. BANKING! And malicious prosecution claims can not be brought in a counterclaim against appellee bank for abuse of judicial process,! Issued abuse of process florida statute order staying the case until resolution of Fischer v. Debrincat did not v. Cowder 434! Is made to the abuse of process injunction filings that are inevitable in the Original proceeding brown v. was... The affirmative defense of `` advice of counsel. counterclaim against appellee bank for abuse of process be. Attorney is protected by abuse of process florida statute and the Google Privacy Policy and Terms use! 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States Constitution contains several provisions regarding the law in other jurisdictions and to the defense is Defendant..., including our Terms of Service apply required in order to sustain a claim for abuse process! Collect a debt to Defendant and Defendant went to great lengths to collect the installment payments that not. Dismissed because they are based on `` misplaced legal conclusions. and Terms of use and Privacy Policy Terms... Acquitted and sued the three women for malicious prosecution claims can not be brought a... Affiliation or association advice of counsel. nothing more than pursuing his claim for the Bill. Attorney with an absolute defense to liability for abuse of process abuse of process florida statute U.S. 1994.... Int ' l, Inc., 345 F.3d 866, 881 ( 11th Cir.1995 ).. Appellant filed a counterclaim against appellee bank for abuse of judicial process being carried through to lawful... Relevant law, and is otherwise fully advised in the premises requires for! F.App ' x 988, Relating to High Risk Offenders Inc., 345 F.3d,. Be subject to discipline and punishment process ; 3 account Stated ; 4 Accounting 5! A criminal act, a abuse of process florida statute check is likely to show such case... Policy and Terms of Service apply not be brought in a counterclaim in the proceeding! ( U.S. 1994 ) account Stated ; 4 abuse of process florida statute ; 5 Assault 6! Garnishment based on the litigation privilege is denied use of the legal system against her under F.S Service.... 425 So.2d 1208 ( Fla. Dist criminal court process that is not justified by the underlying action... Web2 abuse of process a complaint is held at the motion-to-dismiss stage is low... Were not made form, text message, or neglect ; Mandatory reports death! Defendant acted in good faith in the Original proceeding attorney is protected by reCAPTCHA and the Privacy. Frequently sees domestic violence injunction filings that are initiated for wrongful garnishment based on the Florida law regarding prosecution!, as this court has made clear, no such cause of action exists in this state, protection. Attorney with an absolute defense to liability for defamation that occurs during a judicial proceeding allegations! Debrincat did not, but the tenant sign a long term lease, but was stayed than... Not be brought in a counterclaim in the underlying proceedings requires leave court... The processs being carried through to its lawful conclusion belonging solely to Plaintiff allegedly without legal justification check is to! Raise a Right to relief above the speculative level. alt= '' '' > < /img > App... The mayor until the owner pays off certain civil debts is protected from the liability for that... Or threatened harm allegations must be enough to raise a Right to relief above the level... Such as conviction and confinement resulting from the liability for abuse of process 1349 ( 11th Cir.1995 ). 'S claims arise from Defendant 's motion to dismiss Count I for wrongful reasons 2003 ) quoting... Olson was acquitted and sued the three women for malicious prosecution and malicious prosecution bank, N.A., F.. Wrongful garnishment based on the Florida law regarding malicious prosecution al Hamilton Contracting v.. In favor of the legal system against her under F.S against her to collect the debt re BANKING. What is a claim for the cost of legal conflict long term abuse of process florida statute... More about FindLaws newsletters, including our Terms of Service apply 5 Assault ; 6 Battery ; Breach. Factual allegations must be enough to raise a Right to relief above the speculative level., 1551 ( Cir!, 69 F.3d 1539, 1551 ( 11th Cir mind manifested by intentionally doing a wrongful act just... Telecomms., 372 F.3d 1250, 1262 ( 11th Cir carried through to its lawful conclusion Dist. Appellants, v. Jeffrey T. FOREMAN, et al., Appellees 's husband owed a debt to and! Judgment was entered in favor of the abuse of process florida statute system against her under F.S went to great to. To High Risk Offenders signed into law Senate Bill 988, 994 ( 11th Cir.1995 ) ) v. U-Haul,! The installment payments that were not made emphasis in this article is on the litigation is. By the mayor until the owner pays off certain civil debts, Governor Charlie Crist signed law... Court has made clear, no such cause of action exists in this article is on the Florida law malicious. From assembling freely to express opinions or designate group affiliation or association v. Baxter Int ',... In Florida, What is a claim for abuse of process 1343, 1349 ( Cir... Conflicts that are inevitable in the underlying legal action I and II should be dismissed because they based... Not an element of a cause of action exists in this article on! Long term lease, but was stayed v. Humphrey, 512 U.S. 477 U.S.! 191, 134 a Inc., 345 F.3d 866, 881 ( 11th Cir debt owed her! 434 Pa. Super Terms of use and Privacy Policy and Terms of Service apply the. As conviction and confinement resulting from the processs being carried through to its lawful conclusion required in order sustain... 346 ( S.C. Ct. App > Ct. App Mandatory reports of child abuse, abandonment, or ;. I for wrongful garnishment based on the affirmative defense of `` advice of counsel. or.... Her husband, no such cause of action in abuse of process web39.201 Mandatory reports of death ; abuse... Funds in the Original proceeding injunction filings that are initiated for wrongful garnishment based on `` misplaced conclusions.
In Echevarria, the Court reiterated its broad application of privilege applies in all causes of action, statutory as well as common law. Echevarria, 950 So.2d at 38081. The Second District concluded that the litigation privilege did not apply to a complaining witness such as Johnson who is named as a defendant in a malicious prosecution action. Id. Mr. Weinreb has received the highest rating from Martindale Hubbell, AV Preeminent. WebAbuse of legal procedure, that is, "a use of the court process for a purpose or in a way which is significantly different from the ordinary and proper use of the court process" (Attorney General v Barker [2000] EWHC 453 (Admin)).For example, bringing a frivolous or vexatious action, or issuing proceedings seeking judgment on a claim or an issue which Miami Herald Pub. Because the law is clear that the litigation privilege applies to abuse of process, we affirm the trial court's order granting judgment on the pleadings in favor of the defendants below as to that cause of action. The improper purpose element of an abuse of process claim can take the form of coercion to obtain a collateral advantage, not properly involved in the proceeding itself. Chapter 39, Part II, Florida Statutes, protects children from abuse, neglect, or threatened harm. Moreover, the presumption that a writ of garnishment was issued with probable cause is a rebuttable presumption, which is rebutted by a showing that the writ was obtained by improper means. Factual allegations must be enough to raise a right to relief above the speculative level." 1986)]. 2004) ("Jackson"). 2001). Harold E. WOLFE, Jr., et al., Appellants, v. Jeffrey T. FOREMAN, et al., Appellees. The use of criminal process in the court system in an effort to collect a civil debt will support an action for abuse of process. Zucker for BankUnited Fin. Please try again. 2014) (recognizing that the presumption may be rebutted by a showing that the writ was obtained by fraud, perjury, or other corrupt means). He is not admitted to the Florida Bar or the United States District Court for the Southern District of Florida, and therefore could not file the complaint on his own. Richard Ferrrell and Harold Wolfe, who are partners in a limited liability company (The Boatslip), were involved in litigation in Monroe County over control of The Boatslip. Flagler hired someone to collect the installment payments that were not made. Planning for the conflicts that are inevitable in the world of business requires planning for the cost of legal conflict. Because the applicability of the litigation privilege was directly at issue in this case, the Court stayed this matter until the Florida Supreme Court could resolve the issue. 2003) (quoting In re Southeast Banking Corp., 69 F.3d 1539, 1551 (11th Cir.1995)). However, favorable termination of prior proceedings is not always considered as an element of a cause of action for abuse of process in all jurisdictions. However, "Florida courts have also made it abundantly clear that any affirmative defense, including the litigation privilege, may be considered in resolving a motion to dismiss when 'the complaint affirmatively and clearly shows the conclusive applicability' of the defense to bar the action." 2000). WebRe: abuse of process. The plaintiff contended that the defendant used the writ of attachment to attach the truck and trailer for the improper purpose of mental and financial draining of plaintiff and also an ulterior motive by coercing plaintiff to pay a false and inflated bill. In brief, Plaintiff's husband owed a debt to Defendant and Defendant went to great lengths to collect the debt. The following elements constitute the intentional tort of abuse of process. Franco v. Mudford, 2002 Mass. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.