Richard Debrincat v. Stephen Fischer

The Fourth District Court of Appeal in Fischer v. Debrincat, 169 So.3d 1204 (Fla. 4th DCA 2015), held that the litigation privilege did not bar the filing of a malicious prosecution claim that was based upon the act of adding a party defendant to a civil suit. We have jurisdiction because the Fourth District also certified conflict with the Third District Court of Appeal’s decision in Wolfe v. Foreman, 128 So.3d 67 (Fla. 3d DCA 2013). See Art. V, § 3(b)(4), Fla. Const. For the following reasons, we approve the Fourth District’s decision in Fischer and disapprove the Thud Dis trict’s decision…