Legal Question in Civil Litigation in Florida

Law concerning malicious prosecution and/or abusive litigation

I have been sued by a party for defamation of character (Libel). The suit has no basis and I'm thinking of counterclaiming for malicious prosecution. What body of law in the state of Florida covers malicious prosecution and/or abusive litigation? What opinions are available?


Asked on 10/16/01, 10:19 am

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Law concerning malicious prosecution and/or abusive litigation

I believe that in order to file a suit under a theory of malicious prosecution, you first have to prevail in the lawsuit that forms the basis for the malicious prosecution claim. If so, you cannot assert such a claim as a counterclaim to the action that forms the basis for your malicious prosecution suit. You need to retain an attorney. Good luck.

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Answered on 12/04/01, 11:01 pm


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