Carnley v. Wilson

RUDNICK/ VAUGHN J., Associate Judge

(dissenting) :

The Supreme Court of Florida has held that in an action founded upon malicious prosecution the plaintiff has the burden of proving: (1) the instigation of the criminal proceedings by the defendant, (2) its termination in favor of the plaintiff, (3) the exercise of malice by the defendant, (4) want of probable cause for the prosecution, and (5) damages. Glass v. Parrish, SI So.2d 717 (Fla.1951). A recent decision has listed six elements which is only the result of splitting (1) into two independent parts: (a) criminal proceedings and (b)…