Stephen Fischer v. Richard Debrincat and Jason Debrincat

The issue presented in this appeal is whether the litigation privilege bars a claim for malicious prosecution. In appellant’s malicious prosecution action below, the trial court granted appellees’ motion for summary judgment and later entered final judgment against appellant. We reverse and hold that the litigation privilege cannot be applied to bar the filing of a claim for malicious prosecution where the elements of that tort are satisfied.

Appellees commenced a civil lawsuit against various defendants and later added appellant as a party defendant. In the underlying proceeding, appellees…