Thomas v. Tirshfeld

District Court of Appeal of Florida

Thomas v. Tirshfeld

558 So. 2d 188, 1990 Fla. App. LEXIS 1789, 1990 WL 29576

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 1990

DocketNo. 89-0312

StatusPublished

This text of 558 So. 2d 188 (Thomas v. Tirshfeld) 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

Thomas v. Tirshfeld, 558 So. 2d 188, 1990 Fla. App. LEXIS 1789, 1990 WL 29576 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

Reversed and remanded for further proceedings. This is an appeal from a summary judgment entered in favor of the defendant in a malicious prosecution action. The appellant-plaintiff claimed, in a sworn pleading, that the appellee-defendant and a codefendant falsely told the police that the appellant tried to run them down. Charges were filed alleging appellant tried to run down appellee’s eodefendant but those charges were later dropped by the police. Based on the appellant’s sworn statement we believe an issue of fact exists as to whether appellee-defendant falsely and maliciously caused the appellant to be prosecuted for trying to run down the codefend-ant.

[189]*189DOWNEY and ANSTEAD, JJ., concur. LETTS, J., dissents without opinion.

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PER CURIAM.

Reversed and remanded for further proceedings. This is an appeal from a summary judgment entered in favor of the defendant in a malicious prosecution action. The appellant-plaintiff claimed, in a sworn pleading, that the appellee-defendant and a codefendant falsely told the police that the appellant tried to run them down. Charges were filed alleging appellant tried to run down appellee’s eodefendant but those charges were later dropped by the police. Based on the appellant’s sworn statement we believe an issue of fact exists as to whether appellee-defendant falsely and maliciously caused the appellant to be prosecuted for trying to run down the codefend-ant.

[189]*189DOWNEY and ANSTEAD, JJ., concur. LETTS, J., dissents without opinion.

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Bluebook (online)

558 So. 2d 188, 1990 Fla. App. LEXIS 1789, 1990 WL 29576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-tirshfeld-fladistctapp-1990.