Sponder v. Brickman

The appellant, who was plaintiff in an action for malicious prosecution, appeals from a summary final judgment for the appellee.

An absence of probable cause for the original criminal proceeding is an essential element of the appellant’s cause of action. Duval Jewelry Co. v. Smith, 102 Fla. 717, 136 So. 878 (1931). Acquittal of a person tried for violating the law is not sufficient to establish the absence of probable cause for instituting criminal proceedings. If the converse were the rule, then a public officer who instituted criminal proceedings would be liable in damages for malicious…