Malicious Prosecution Revived by Appeals Court, Being Heard by the Supreme Court by Marshall A. Adams, Esq.
The tort of Malicious Prosecution (someone intentionally filing a false or frivolous case against someone else) was eviscerated in Florida's 3d District Court of Appeals by Wolfe v. Foreman, 128 So. 3d 67 (Fla. 3d DCA 2013), due to the doctrine of “litigation privilege.” Litigation privilege prevents a party or an attorney from being sued for actions taken during litigation. Many, including this author, were surprised by the ruling. Frankly, malicious prosecution is one of the few effective tools to use against unethical litigants and their attorneys, after you win.