Malicious prosecution

The Fourth DCA in Hickman v. Barclay’s International Realty, Inc., Case No. 4D08-115, established a six part test to state a claim for malicious prosecution.


 * 1) the commencement of a judicial proceeding;
 * 2) its legal causation by the present defendant against the plaintiff;
 * 3) its bona fide termination in favor of the plaintiff;
 * 4) the absence of probable cause for the prosecution;
 * 5) malice; and
 * 6) damages.