Fields v. Goldstein

District Court of Appeal of Florida

Fields v. Goldstein

379 So. 2d 410, 1980 Fla. App. LEXIS 15756

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 1980

DocketNo. 79-903

StatusPublished

This text of 379 So. 2d 410 (Fields v. Goldstein) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fields v. Goldstein, 379 So. 2d 410, 1980 Fla. App. LEXIS 15756 (Fla. Ct. App. 1980).

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Opinion

SCHWARTZ, Judge.

In an action for malicious prosecution, the lower court entered summary judgment for the defendant Goldstein, an attorney who had filed a malpractice claim on behalf of a client against the plaintiff-appellant, an osteopathic physician. We do not decide whether such a case can ever be successfully maintained,¹ because the record demonstrates conclusively that there was neither a want of probable cause nor malice in Gold-stein’s pursuit of the original proceeding against the appellant. See City of Pensacola v. Owens, 369 So.2d 328 (Fla.1979); Ammerman v. Newman, 384 A.2d 637 (D.C.1978); Carroll v. Kalar, 112 Ariz. 595, 545 P.2d 411 (1976); Spencer v. Burglass, 337 So.2d 596 (La.App.1976), writ denied, 340 So.2d 990 (La.1977); Tool Research and Engineering Corp. v. Henigson, 46 Cal.App.3d 675, 120 Cal.Rptr. 291 (1975).

Affirmed.

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SCHWARTZ, Judge.

In an action for malicious prosecution, the lower court entered summary judgment for the defendant Goldstein, an attorney who had filed a malpractice claim on behalf of a client against the plaintiff-appellant, an osteopathic physician. We do not decide whether such a case can ever be successfully maintained,¹ because the record demonstrates conclusively that there was neither a want of probable cause nor malice in Gold-stein’s pursuit of the original proceeding against the appellant. See City of Pensacola v. Owens, 369 So.2d 328 (Fla.1979); Ammerman v. Newman, 384 A.2d 637 (D.C.1978); Carroll v. Kalar, 112 Ariz. 595, 545 P.2d 411 (1976); Spencer v. Burglass, 337 So.2d 596 (La.App.1976), writ denied, 340 So.2d 990 (La.1977); Tool Research and Engineering Corp. v. Henigson, 46 Cal.App.3d 675, 120 Cal.Rptr. 291 (1975).

Affirmed.

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379 So. 2d 410, 1980 Fla. App. LEXIS 15756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fields-v-goldstein-fladistctapp-1980.

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