Liu v. Mandina

District Court of Appeal of Florida

Liu v. Mandina

396 So. 2d 1155, 1981 Fla. App. LEXIS 19010

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 1981

DocketNo. 80-1255

StatusPublished

Cited by2 cases

This text of 396 So. 2d 1155 (Liu v. Mandina) 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

Liu v. Mandina, 396 So. 2d 1155, 1981 Fla. App. LEXIS 19010 (Fla. Ct. App. 1981).

Pincite

Opinion

PER CURIAM.

This is an appeal from a summary judgment in favor of the defendant on a complaint for malicious prosecution.

One of the six essential elements of malicious prosecution is the bona fide termination of a criminal procedure in plaintiff’s favor. Coleman v. Collins, 384 So.2d 229 (Fla. 5th DCA 1980).

Where the nolle prosequi is obtained by the accused upon a promise of restitution, it is not a bona fide termination in plaintiff’s favor. Gatto v. Publix Supermarket, Inc., 387 So.2d 377 (Fla. 3rd DCA 1980).

In this case it appears that there is still a genuine issue whether the nolle prosequi had been obtained as a result of a promise to pay. Assistant State Attorney Forman and Attorney Stone differ. It is defendant’s burden to establish that the decision to nolle prosequi was based solely on restitution.

There being a genuine issue of a material fact, we reverse.

REVERSED.

MOORE and HURLEY, JJ., and SHARP, G. KENDALL, Associate Judge, concur.

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