Schoenbrod v. O'Neill

(specially concurring).

In O’Neill v. Schoenbrod, 355 So.2d 440 (Fla. 3d DCA 1978), cert, denied, 359 So.2d 1218 (Fla.1978), this court affirmed the dismissal, for lack of jurisdiction over the subject matter, of a complaint filed by the present defendant-appellee, O’Neill, against the present plaintiff-appellant. The issue in the instant case is whether an action may be maintained for malicious prosecution of that prior proceeding. In Arison Shipping Co. v. Hatfield, 352 So.2d 539 (Fla. 3d DCA 1977), this court squarely held that it may not because a dismissal for lack of jurisdiction is not…