Tackett Plastics, Inc. v. Bowsmith, Inc.

HALL, Judge.

The appellant, Everett Tackett, challenges a summary final judgment entered in favor of the appellee, Bowsmith, Inc., in this malicious prosecution action. Tackett contends the trial court erred in finding that his action for malicious prosecution was barred by his election of a previous remedy in an underlying suit. We agree with his contention in this regard and reverse.

The trial court found that, based on the authority of Cate v. Oldham, 450 So.2d 224 (Fla.1984), a private litigant may not bring an action for malicious prosecution where that litigant has previously elected to…