Civil Litigation
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Durkin v. Davis
27 Fla. L. Weekly D995 (Fla. 2nd DCA May 10, 2002)
In order to prove malicious prosecution, a plaintiff must establish each of the following elements: 1) that the original judicial proceeding was commenced or continued; 2) the defendant was the legal cause of the original proceeding; 3) a bona fide termination of the original proceeding in the favor of the current plaintiff occurred; 4) probable cause was absent from the original proceeding; 5) malice on the part of the present defendant; and 6) damages were suffered by the present plaintiff as a result of the original proceeding. Furthermore, a plaintiff does not need to prove actual malice. Rather, legal malice is sufficient and can be inferred through a lack of probable cause, gross negligence, or great indifference to persons, property, or the rights of others.
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