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Stoler, D.D.S. v. Levinson

District Court of Appeal of Florida, Third District
Mar 13, 1981
394 So. 2d 462 (Fla. Dist. Ct. App. 1981)

Summary

concluding that items of damages with respect to, inter alia, nominal damages were sufficient to send the case to the jury as to the plaintiff's malicious prosecution and abuse of process claims

Summary of this case from Johnson v. New Destiny Christian Ctr. Church, Inc.

Opinion

No. 80-337.

February 10, 1981. Rehearing Denied March 13, 1981.

Appeal from the Circuit Court, Dade County, Rhea P. Grossman, J.

George, Hartz McNary and Charles Michael Hartz, Amy Shield Levine, Miami, for appellant.

Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara McCoy and Richard A. Sherman, Miami, for appellee.

Before HUBBART, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.


The final judgment under review is reversed and the cause is remanded to the trial court with directions to order a new trial in this cause solely as to the plaintiff's malicious prosecution and abuse of process claims. The trial court, in our view, committed reversible error in granting the defendant's motion for directed verdict with respect to these claims. We cannot say, as the trial court concluded, that as a matter of law no damages were proven at trial on these claims. Although we agree that the proof of business losses in this case was, as presented, somewhat vague, we are nonetheless convinced that the other items of damages were sufficiently shown as to attorney fee costs, nominal damages and punitive damages so as to send this case to the jury. Adler v. Segal, 108 So.2d 773 (Fla.3d DCA), cert. denied, 113 So.2d 834 (Fla. 1959); Burchell v. Bechert, 356 So.2d 377 (Fla. 4th DCA), cert. denied, 367 So.2d 1122 (Fla. 1978); compare Fee, Parker Lloyd, P.A. v. Sullivan, 379 So.2d 412 (Fla. 4th DCA 1980).

The trial court, however, was eminently correct in granting the defendant's motion for directed verdict with respect to the negligence claim in this action. In our view, no prima facie case of negligence was established herein.

Reversed and remanded for a new trial as to appellant's malicious prosecution and abuse of process claims.


Summaries of

Stoler, D.D.S. v. Levinson

District Court of Appeal of Florida, Third District
Mar 13, 1981
394 So. 2d 462 (Fla. Dist. Ct. App. 1981)

concluding that items of damages with respect to, inter alia, nominal damages were sufficient to send the case to the jury as to the plaintiff's malicious prosecution and abuse of process claims

Summary of this case from Johnson v. New Destiny Christian Ctr. Church, Inc.

reversing trial court's order that nominal damages, punitive damages and attorneys fees were insufficient to support claims of abuse of process and malicious prosecution

Summary of this case from North Star Capital Acquisitions, LLC v. Krig

reversing directed verdict and remanding malicious prosecution and abuse of process claims for new trial, stating that although proof of business losses was somewhat vague, “other items of damages were sufficiently shown as to attorney fee costs, nominal damages and punitive damages so as to send this case to the jury”

Summary of this case from MacAlister v. Bevis Constr., Inc.
Case details for

Stoler, D.D.S. v. Levinson

Case Details

Full title:ALAN STOLER, D.D.S., APPELLANT, v. MARTIN LEVINSON, P.A., APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 13, 1981

Citations

394 So. 2d 462 (Fla. Dist. Ct. App. 1981)

Citing Cases

North Star Capital Acquisitions, LLC v. Krig

The Court agrees. See Stoler v. Levinson, 394 So.2d 462 (Fla. 3rd DCA 1981) (reversing trial court's order…

MacAlister v. Bevis Constr., Inc.

Were we to interpret the trial court's order as making such a finding, the record does not support it. “It is…