Malicious prosecution

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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.
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