Fridovich v. Fridovich
| Decision Date | 28 December 1990 |
| Docket Number | No. 89-1880,89-1880 |
| Citation | 16 Fla. L. Weekly 110,573 So.2d 65 |
| Parties | 16 Fla. L. Weekly 110 Edward FRIDOVICH, Appellant, v. Michael Henry FRIDOVICH, Anthony Steven Fridovich, Kevin Gleaton, Debbie Gleaton, Michael Giannoutsos and James Giannoutsos, Appellees. |
| Court | Florida District Court of Appeals |
David P. Rhodes of Glenn, Rasmussen, Fogarty, Merryday, & Russo, Tampa, for appellant.
Jeffrey D. Fisher, Palm Beach, for appellee, Anthony Steven Fridovich.
Robert L. Valentine of Robert L. Valentine, P.A., Lakeland, for appellee, Debbie Gleaton.
Eric P. Littman of Berley & Littman, P.A., Miami, for appellee, Michael Henry Fridovich.
This is an appeal from a final order dismissing with prejudice Edward Fridovich's third amended complaint. The issues presented are whether the complaint stated causes of action for intentional infliction of emotional distress, defamation, malicious prosecution, and conspiracy. We affirm in part and reverse in part.
This case involves a bizarre and sorry story. The facts are contained in the allegations of the complaint filed by Appellant which for purposes of a motion to dismiss are to be taken as true:
2. On December 4, 1981, Martin Fridovich was accidentally shot by Edward Fridovich, then 18 years old, while Edward was cleaning his shotgun. Martin Fridovich died from the resulting injuries.
3. Martin Fridovich was the father of plaintiff Edward Fridovich and defendants Erica Sue Fridovich, Michael Henry Fridovich, Anthony Steven Fridovich, and Debbie Gleaton. Defendant Kevin Gleaton is Debbie Gleaton's husband. Defendant Michael Giannoutsos is Erica Fridovich's former husband, and defendant James Giannoutsos is Michael Giannoutsos's brother.
4. Law enforcement authorities conducted an extensive investigation after the death and concluded that Martin Fridovich died as a result of an accident. No criminal charges were filed.
5. Martin Fridovich's will named Edward Fridovich personal representative of Martin Fridovich's estate, which totals several million dollars.
6. Defendants became dissatisfied with Edward's status as personal representative of the estate and president of the primary estate asset, Agri-Leis Corp. Anthony Fridovich, who was furious that his younger brother had been named personal representative, initiated a conspiracy among the Defendants to (a) have Edward removed as personal representative and (b) deprive Edward of his share of the estate assets. Anthony Fridovich suggested to the other defendants that they take whatever steps were necessary to ensure that Edward was convicted of intentionally causing his father's death.
7. The defendants, Erica Sue Fridovich, Michael Henry Fridovich, Anthony Steven Fridovich, Kevin Gleaton, Debbie Gleaton, Michael Giannoutsos, and James Giannoutsos, conspired to have Edward Fridovich falsely arrested, convicted, and sentenced for the intentional shooting and killing of Martin Fridovich.
8. In furtherance of the conspiracy, Anthony Fridovich and Michael Giannoutsos purchased a stress analyzer to determine which of the defendants could lie most convincingly. Michael Giannoutsos traveled to New York to train in the use of the machine. The defendants practiced lying while using the machine to determine which of the defendants should make false statements in furtherance of the conspiracy. Anthony Fridovich and Debbie Gleaton "failed" the lie detector test, so Anthony told Erica Fridovich and Michael Giannoutsos that they should falsely state that Edward intended to kill his father.
9. Anthony Fridovich induced Michael Giannoutsos to lie about Edward Fridovich's intent by promising Michael Giannoutsos a position with the Agri-Leis Corp. Anthony Fridovich induced Erica Fridovich to lie about Edward Fridovich's intent by promising to provide for Erica and her daughter.
10. Defendants fabricated a series of incidents and statements by Edward, about which Erica Fridovich and Michael Giannoutsos were to lie. Anthony Fridovich pored over letters written by Edward in an attempt to locate tangible documents that could be used--wrongly--to evidence Edward's intent to kill his father. For example, Anthony discovered a letter to Erica in which Edward wrote that he wanted to "push it to finish it." Although Anthony knew that this reference had absolutely nothing to do with Martin Fridovich's killing, Anthony convinced Erica to falsely state that the letter actually referred to Martin Fridovich's killing.
11. Ten months after Martin Fridovich's death, and long after the investigation had been closed, Michael Giannoutsos and Erica Fridovich (the two "best" liars, according to the stress analyzer) voluntarily appeared before law enforcement authorities and falsely claimed that Edward had plotted to kill his father. Defendants, via their chosen representatives, Michael Giannoutsos and Erica Fridovich, encouraged the authorities to initiate a new investigation into Martin Fridovich's death and, more particularly, charge Edward with first-degree murder.
12. As a direct result of those lies, the Broward County State Attorney's Office reopened the case. Also as a direct result of these lies, Edward was indicted for first-degree murder in the death of his father.
13. Erica's false statements to investigators, provided voluntarily and at the behest of the other defendants, include the following:
(a) That Edward told her on numerous occasions that he planned to kill their father and that the murder was his "fantasy";
(b) That Edward told her that he planned to purchase explosives so that he could kill their father in an automobile explosion;
(c) That Edward offered Michael Giannoutsos ten thousand dollars (and later, twenty thousand dollars) to kill their father or have their father killed; and
(d) That Edward told her that he would kill their father in a gun "accident."
14. Michael Giannoutsos provided similar false statements to investigators, voluntarily and at the behest of the other defendants. In addition to corroborating Erica's false statements (see paragraph 13), Michael Giannoutsos made other false statements as well, including that Edward told him, "if I shoot him I'd really like to shoot him right between the eyes because I hate him."
15. Michael Giannoutsos's voluntary statements to the authorities, like Erica Fridovich's, were false and were not part of any proceeding or ongoing investigation.
16. When the trial occurred, Erica Fridovich and Michael Giannoutsos testified falsely in an attempt to frame Edward Fridovich for Martin Fridovich's murder. Both Erica Fridovich and Michael Giannoutsos testified falsely that Edward Fridovich told them that he had planned to kill Martin Fridovich.
17. In addition to their initial false statements to the authorities and their false testimony at trial, Erica Fridovich and Michael Giannoutsos gave false statements to others as well, including the Assistant State Attorney, Edward Fridovich's attorney, Erica's attorney, a private investigator hired by Erica, and in conjunction with a civil wrongful death action. In each of these instances, they falsely stated that Edward Fridovich plotted to and intended to kill his father. Each of these false statements was in furtherance of the defendants' conspiracy.
18. Erica Fridovich has admitted in a sworn statement that her previous statements to authorities about Edward's intent were lies. A copy of Erica's sworn recantation of her false statements is attached to the amended complaint and incorporated in this pleading by reference. Attached as composite Exhibit A to this pleading are two Ft. Lauderdale News/Sun Sentinel articles, dated November 19. Additionally, in furtherance on the conspiracy, Erica Fridovich falsely told Eva Foreman, the family housekeeper, that Edward had killed his father and planned to kill Ms. Foreman. Erica Fridovich asked Ms. Foreman to concur with the conspirators' false statements. The conspirators felt that corroboration by Ms. Foreman, who was very close to Edward, would increase the conspiracy's likelihood of success. Erica Fridovich offered Ms. Foreman $35,000 for her assistance, an offer that Ms. Foreman refused.
7, 1986 and November 8, 1986, in which Erica Fridovich and Michael Giannountsos (sic) announce their recantations. In the November 8 article, Erica announces that "The entire case against my brother was the result of a family conspiracy."
20. Shortly before the trial, the prosecutor informed Michael Giannoutsos that "there was a good possibility of an acquittal" of Edward. Because an acquittal would permit Edward to remain personal representative and collect his inheritance, contrary to the conspirators' intent, Michael Giannoutsos attempted to hire a professional killer to murder Edward. Giannoutsos's plan was thwarted because he was introduced to an undercover sheriff's deputy rather than an actual hitman.
Edward was tried for first degree murder but convicted of manslaughter in his first trial. This court reversed for a new trial, Fridovich v. State, 489 So.2d 143 (Fla. 4th DCA 1986), in which he was tried for and again convicted of manslaughter. Fridovich v. State, 537 So.2d 648 (Fla. 4th DCA 1989), approved 562 So.2d 328 (Fla.1990).
Count I of the complaint alleged the publication of false and defamatory statements to the investigators for the Broward Sheriff's office, state attorney's office and others, Count II alleged a conspiracy by all defendants to defame appellant. Count III alleged the intentional infliction of emotional distress by conduct "so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency." Count IV alleges a conspiracy between the appellees to intentionally inflict emotional distress. In his second amended complaint appellant also alleged a claim for malicious prosecution and a conspiracy count based on the malicious prosecution action. These were dismissed with prejudice, which appe...
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