Do you have a case for ‘Malicious Prosecution’?

Are you serving as a personal representative,  guardian or trustee in West Palm Beach and the beneficiary, heirs or ward’s family won’t stop harassing you? Are you beingbombarded with frivolous litigation? Have you been sued in your personal capacity for no reason? You may have a remedy in West Palm Beach civil court. Have you considered bringing a claim for malicious prosecution? Learn how and take a look at this case out of the Fourth District Court of Appeals.

Malicious Prosecution

• A lawsuit in West Palm Beach is no joke and they are not to be used to harass people or for other improper purposes.
• For that reason the Florida courts recognize the tort of malicious prosecution.
• Malicious prosecution is an old cause of action that was originally for when someone brought improper criminal proceedings against you.
• Now the Florida courts are also allowing it to proceed for improper civil claims brought to harass and for other improper motive.
• Do you know how to prove your claim?
• The tort centers around probable cause in other words was there a legitimate reason to suspect that bringing a case was proper?
• If you can prove six things in Florida Court you may win on a malicious prosecution claim to learn what they are check out the entire case below.

Fischer v. Debrincat & Debrincat

• In this case one party sued the other and eventually dropped the lawsuit.
• They were then countersued by the same party for malicious prosecution.
• In response they argued that they were privileged to bring the lawsuit through something known as the litigation privilege that has traditionally applied to defamation law.
• The purpose of the law is to keep a defamation lawsuit from arising everytime a party speaks ill of another in a trial or proceeding as that may chill a party’s free speech rights.
• The party wrongly tried to apply this doctrine to a case for malicious prosecution and lost on appeal in West Palm Beach.

Do you know how to bring a case for malicious prosecution?

Learn the elements and the law by checking out the entire case, just click here.