Legal Opinion

Hickman v. Barclay's International Realty, Inc.

District Court of Appeal of Florida

Decided June 24, 2009No. 4D08-115PublishedCited by 5 opinions

1Opinion of the CourtWarner, J.

We affirm the final summary judgment in this malicious prosecution action on the authority of Dorf v. Usher, 514 So.2d 68 (Fla. 4th DCA 1987).

In order to prove a cause of action for malicious prosecution a plaintiff must prove six elements: “1) the commencement of a judicial proceeding; 2) its legal causation by the present defendant against the plaintiff; 3) its bona fide termination in favor of the plaintiff; 4) the absence of probable cause for the prosecution; 5) malice; [and] 6) damages.” Id. at 69.

Appellant Hickman showed that a prosecution had been commenced against him for misdemeanor…

2Cases cited2 opinions

  1. Pokorny v. First Federal Sav. & Loan Ass'nSupreme Court of Florida · 1980
  2. Dorf v. UsherDistrict Court of Appeal of Florida · 1987

3Cited by5 opinions

  1. Theresa Rivernider v. Steven H. Meyer and Stephen H. Meyer, P.A.District Court of Appeal of Florida · 2015
  2. Albo v. GillenDistrict Court of Appeal of Florida · 2010
  3. Albo v. GillenDistrict Court of Appeal of Florida · 2010
  4. Hunter Seaborn Mackenzie Black v. Robert J. Perrault, Jr. and The Florida Department of Financial ServicesDistrict Court, M.D. Florida · 2026
  5. Trevor Jared Smith v. Robert J. Perrault, Jr. and Florida Department of Financial ServicesDistrict Court, M.D. Florida · 2026

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