Jaye v. Royal Saxon, Inc.

STONE, Judge.

This is an appeal from a final summary judgment for the defendant in an action for malicious prosecution. The trial court, *426properly, applied this court’s opinion in Cypher v. Segal, 501 So.2d 112 (Fla. 4th DCA 1987), in holding that the plaintiff in a malicious prosecution action, who has previously taxed fees and costs in a successfully defended underlying action, is barred by that election from seeking additional damages.

In Cypher, this court determined that this language in Cate v. Oldham, 450 So.2d 224 (Fla.1984) was controlling:

At common law successful defendants could…