Gangelhoff v. Lokey Motors Co.

LILES, Judge.

Appellant brought suit against Lokey Motors Company, Inc., a Florida corporation, and alleged among other things that Lokey Motors had instituted criminal proceedings against him without probable cause and with malice.

The trial court granted defendant’s motion to dismiss for the reason that the element of malice was not sufficiently pleaded. Appellant assigns as error the court’s dismissal of his amended complaint. We reverse.

*59The complaint alleged among other things the following: The prosecution, by the Defendant against the Plaintiff, was without probable cause and was…