Redland Construction Co. v. Callahan

District Court of Appeal of Florida

Redland Construction Co. v. Callahan

480 So. 2d 118, 10 Fla. L. Weekly 2612, 1985 Fla. App. LEXIS 17078

CourtDistrict Court of Appeal of Florida

DecidedNovember 26, 1985

DocketNo. 85-256

StatusPublished

This text of 480 So. 2d 118 (Redland Construction Co. v. Callahan) 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

Redland Construction Co. v. Callahan, 480 So. 2d 118, 10 Fla. L. Weekly 2612, 1985 Fla. App. LEXIS 17078 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

The judgment in favor of the plaintiffs in this malicious prosecution action is reversed with directions to enter judgment for the defendant, Redland Construction Company. The evidence in this record demonstrates without contradiction that the portion of the real property which Red-land sought to recover in its suit against the Callahans was, as the grantee well knew, mistakenly conveyed by Redland and that, therefore, Redland’s suit, filed upon advice of counsel, cannot, despite its unsuccessful outcome, form the basis for a malicious prosecution action even if, as the Callahans urge, Redland was vindictive in prosecuting its action.

Reversed with directions.

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PER CURIAM.

The judgment in favor of the plaintiffs in this malicious prosecution action is reversed with directions to enter judgment for the defendant, Redland Construction Company. The evidence in this record demonstrates without contradiction that the portion of the real property which Red-land sought to recover in its suit against the Callahans was, as the grantee well knew, mistakenly conveyed by Redland and that, therefore, Redland’s suit, filed upon advice of counsel, cannot, despite its unsuccessful outcome, form the basis for a malicious prosecution action even if, as the Callahans urge, Redland was vindictive in prosecuting its action.

Reversed with directions.

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Bluebook (online)

480 So. 2d 118, 10 Fla. L. Weekly 2612, 1985 Fla. App. LEXIS 17078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redland-construction-co-v-callahan-fladistctapp-1985.