Civil Litigation

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Durkin v. Davis et al.

27 Fla. L. Weekly D995 (Fla. 2nd DCA May 10, 2002)

When pursuing a claim of malicious prosecution, a plaintiff must prove six elements, two of which are absence of probable cause in the original proceeding and malice on the part of the present defendant. The plaintiff need not allege actual malice; legal malice is sufficient and may be inferred from, among other things, absence of probable cause.

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