Galvez v. Fernandez

Appellant appeals an adverse summary judgment in her malicious prosecution suit against appellee. Because the record is insufficient to determine whether the original proceeding constituted a bona fide termination, a material issue of fact remains. See Sfeir v. Equitable Life Assurance Soc’y, 595 So.2d 971 (Fla. 2d DCA 1992); see also Alamo Rent-A-Car, Inc. v. Mancusi, 632 So.2d 1352 (Fla.1994). Accordingly, the summary judgment is inappropriate.

Reversed.